Road to Carthage 9 - Carthage Jail Gunfight (sources)

Sources from University of Chicago library that apparently are not available anywhere online:

Samuel O. Williams to John A. Prickett, 10 July 1844

James Gregg to Thomas Gregg, 20 June 1844

Sources available online in holograph, but no transcription:

Cyrus H. Wheelock letter, London, England, to George A. Smith, 1854 December 29, https://catalog.churchofjesuschrist.org/assets?id=b5604059-61fa-48db-925a-1905f781adc3&crate=0&index=0.

Other sources:

From James B. Allen, Trials of Discipleship, The Story of William Clayton (Urbana and Chicago, University of Illinois Press, 1987).

Early the next morning Orrin P. Rockwell woke him up with the stunning news that Joseph and Hyrum had been shot to death. His diary entry for that day is one of the longest he ever wrote, and it contains within it all the sorrow, solemnity, and dismay that any disciple could feel. “I went out & met brother Cutler & several others,” he wrote, “and the news soon became general. Sorrow & gloom was pictured in every countenance and one universal scene of lamentation pervaded the city. The agony of the widows & orphan children [i.e., the wives and children of Joseph and Hyrum] was inexpressible and utterly beyond description.” He went on with a lengthy description of what had happened at Carthage, as he understood it (which turned out to be a fairly accurate account), emphasizing what he considered to be the culpability of the governor for not providing better protection for the prophet. He then wrote a prayer, that, though vengeful in its tone, is a perfect reflection of the anger and frustration felt by many at the sudden tragedy:

“And now O God wilt thou not come out of thy hiding place and avenge the blood of thy servants.--that blood which thou hast so long watched over with a fatherly care--that blood so noble--so generous--so dignified, so heavenly you O Lord will thou not avenge it speedily and bring down vengeance upon the murderers of thy servants that they may be rid from off the earth and that the earth may be cleansed from these scenes, even so O Lord thy will be done. We look to thee for justice. Hear thy people O God of Jacob even so Amen”

Clayton saw the bodies of Joseph and Hyrum arrive in Nauvoo about 2 P.M. and was part of the large procession of mourners that collected on the hill and followed them to the Mansion House. There they heard exhortations to be peaceful and calm and not to utter threats. He concluded his diary entry for the day:

“Few expressions were heard save the mourns for the loss of our friends. All seem to hang on the merch of God and wait further events. Some few can scarce refrain from expressing aloud their indignation at the Governor and a few words would raise the City in arms & massacre the Cities of Carthage & Warsaw & lay them in ashes but it is wisdom to be quiet. After the bodies were laid out I went to see them. Joseph looks very natural except being pale through loss of blood. Hyrum does not look so natural. Their aged mother is distracted with grief & it will be almost more than she can bear.”

“The blood of those men,” he wrote in that long entry of June 28, “and the prayers of the widows and orphans and a suffering community will rise up to the Lord of Sabaoth for vengeance upon those murderers.”

[Carthage coroner] Thomas L. Barnes, letters to Miranda Haskett, Ukiah, California, November 1-9, 1897. https://archive.org/stream/fateofpersecutor00lund/fateofpersecutor00lund_djvu.txt.

The under sheriff and jailer lived in the jail. The jail was a two story stone house. The lower story and part of the upper story was occupied by the jailor and his family. The jail proper was in the north end of the building up stairs, divided off into cells. The front room up stairs was a kind of a family room. At the head of the stairs there was two doors, one entering into the family room and the other entering into the jail proper.

I have tried to be a little particular in discribing the house so as to give you an idea of the way the mob got to their victims. I said this new company or mob as they realy were had some understanding of some of the citizens of our town. I want you to know and believe, my daughter, that I had nothing (to) do with the murder of the Smiths, or any other person and during all the excitement I never did any thing to any one that I would not under like circumstances they should do to me.

I said I thought some of our citizens — citizens of Carthage I mean — was privy to the hole matter. One of them, a prominent man and a man of influence, came to me just befor the cowardly murder was committed and asked me to go out on the road toward Nauvoo and see what was going on out that way. I went and John Wilson an old citizen and Doctor Morrison a prominent Physician went with me. We went about three miles from Carth- age, on the Nauvoo road, where we had a fine view of the country all around, the country being pararie all around, we could see very plain where the Carthage and Warsaw road was. We saw going on that road quite a company going hurriedly in the direction (of) Carthage. It was not long till we could see quite a number on the same road going toward Warsaw. We then went back to Carthage to report and what did we find. Such a sight as I hope never to see again.

When we saw that company going to and from Carthage my suspicions was arroused that all was not right. Afterwards my suspicions was strengthened from the fact that a guard of the "Carthage Greys" a part of a Millitary company had been left in charge of the accused to protect and kepe them safe, whose sworn duty it was to protect their prisoner as well as it was to keep him from running off. They were there I don't know just how many. I think from six to ten men on guard when the mob came rushing on them, they fired blank cartridges over the heads of the mob as I afterwards learned from some one of the guard. My impresion is that they were equal guilty as any one of the mob. Excuse me for calling the murders of the Smith a mob. I think that is the right name to call them, though I believe I do not know if that you had an uncle in the affair. Well after the brave guards had fired their blank carheridge on the mob as I was taken prisoners, the mob rushed up stairs to where the Smiths Taylor and Richards were enjoying themselves. Some said they were sipping their wine whether that is true or not I do not know. At any rate they were comfortably situated, and they had a right to suppose safely protected by the laws of the great state of Illinois.

When the false guard had made their hypocritical assault on the other part of the mob (I look upon them as being equally guilty as those that came from Warsaw.) They the attacking party rushed up stairs with murder in their hearts to where the accused were tryed to break open the door which it appears was held shut by all four of the men when the mob commenced firing heir loaded arms through the door. It appears that one of the balls in the commencement of the attac pased through a panel of the door and hit Hyrum in his neck which probably broke his neck he fell back and died, as I was informed instantly. When I went into the room shortly afterwards his head was laying against the wall on the other sid from the door.

It is supposed when Hyrum fell the door was partially opened by the attacking party, so much so at any rate that I was informed that Jo Smith had what was common then what was and probable is now called one of Steves peper boxes. It is said and there is no dout but what it is true that he sliped his hand through the opening of the door and hit a young man from Warsaw about his neck or sholder which made it conveinent for the young man to remain for a while in Missouri. The attacing party forced the door open and commenced firing at Smith it is said they must have hit him an probably disabled him, as he stagered across the floor to the oposite side of the room where there was a window. It is said that there he gave the hailing sign of the distress of a Mason but that did him no good. In the room behind him was armed men, furious men, with murder in their hearts. Before him arround the well under the window there was a croud of desperate men, as he was receiving shots from behind which he could not stand, in despersation he leaped or rather fell out of the window near the well where he breathed his last. When I found him soon afterwards he was laying in the hall at the foot of the stairs where his blood had as I believe left indelible stain on the floor.

I suppose by this time you are anxious to know what became of Taylor and Richards; was they also killed, no they were not. Taylor was severely wounded Richards was not hurt. Shall I try to describe the wounds that Taylor received and got over them. Well let me tell you where we found him, I cannot impress your mind of his appearance as he appered to us when we wer called to him by the jailor. We found him in a pile of straw. It appeared that a straw bed had been emtied in the cell where he was when we found him. He was very much frightened as well as severly wounded. It took strong persuading of the jailor as well as our positive assuriance that we ment him no harm but Was desirous of doing him some good. He finally consented to come out of his cell. When we examined him we found that he had been hit by four balls. One ball had hit him in his fore arm and pased down and lodged in the hand betwen the phalanges of his third and fourth fingers. Another hit on the left side of the pelvis cuttin through the skin and pasin leaving a superficial wound that you could lay your hand in. A third ball passed through his thigh lodging in his notus. A fourth ball hit his watch which he had in the fob in his pantaloons, which I suppose the Mormons have today, to show the precise time that their great leader was killed. The wounds had bled quite freely, the blood had had time to coagulate which it had done, and where the clothes and straw came in contact they all adhered together so that Mr. Taylor came out his self sought cell he was a pitable looking sight. We took the best care of him we could till he left us. He got well but never

paid us for skill or good wishes.

You want to know what has become of Richards. He was not hurt. You will ask how did it happen that his comrads (were) so badly treated and he came off without receiving any damage whatever. It was in this way, as I suppose I think he told me so. The four braced themselves against the door to keep the mob out. He stood next to the hinges of the door so when the door opened it would turn back against the wall that divided the room that they were in from the prison room. So when they crowded the door open it shut him up against the wall and he stood there and did not move till the affair was all over, so they did not see him.

After we were through with Taylor I went to Richards and said to him Richards what does all this mean who done it. Said he, doctor I do not know, but I belive it was some Missourians that came over and have killed brothers Josef and Hyrum and wounded bro Taylor. Said I to him do you believe that, he said I do. Says I, will you write that down and send it to Nauvoo. He said he would if he could get any person to take it. I told him if he would write it I would send it. He wrote the note, I found the man that took it to Nauvoo.

John S. Fullmer, Assassination of Joseph and Hyrum Smith, 1855, https://archive.org/details/assassinationofj01full.

Thus you see that even his Excellency was trampling under foot the privileges of the City Charter, the legislative power of the City Council, the Judiciary, Habeas Corpus, and all powers and privileges granted by the General Assembly, and ratified by his predecessor. It was at this stage of the game, that he was heard to say (as it was told us by good authority), that " he would have Joe, or lay the city in ashes."

It was now reduced to a demonstration that our enemies were determined that the law should not benefit us, and that nothing could be hoped for from the Governor. They had for a long time sought the life of the Prophet, and now it seemed as if they were determined to have it. There was but one alternative left, and that was to make his escape. He meditated doing so for a time and had crossed over the river that he might deliberate on the course to pursue, whether to go away for a season or offer himself for his people. When. he thought of going away, the certainty of the destruction of the city, together with the people whom he loved, and whom he had been the means of collecting from the four winds, would rise in his imagination before him, and reproach him with the calamity that his absence would bring upon them. Thus he mused within himself and with his brother Hyrum, and at length they both determined to return, and stand between the brethren and the rage of the mob. They now prepared to go to Carthage, and, on leaving, Joseph returned the second and third time, and at each time took an affectionate leave of his family. On his way out, he said, to the few of his friends who accompanied him, these remarkable words-

"I am going like a lamb to the slaughter; but I am calm as a summer's morning: I have a conscience void of offense towards God and towards all men. I shall die innocent, and it shall yet be said of me, He was murdered in cold blood."

Immediately after this, and while these voluntary martyrs were on their way, an order from the governor, who knew of their approach, met them, demanding all the State arms belonging to the Nauvoo Legion. It appears his Excellency feared that the Legion, although disbanded, might avenge any outrage that might be committed on the persons of their leaders, and so thought he had better disarm them, as he had already disbanded them This order was also promptly obeyed, although the mob were suffered to retain their arms, even when within a half day's march of us, and in a threatening and hostile attitude; while the Legion had not evinced any disposition whatever, except to defend their city in case it should be invaded, and had not set a foot without the limits of the corporation. This last demand was so manifestly void of all good feeling, and so unjust withal, that it was thought advisable, by these devoted heroes, for Joseph Smith to return in person to Nauvoo, lest the officers and men, in their great indignation, should treat such an arbitrary demand with contempt, and, perhaps, disobey it. He accordingly returned, and having accomplished the delivery of the public arms, he again set out, accompanied by his brother Hyrum, who never forsook him, for the head quarters of mobocracy--Carthage, where they arrived late the same night, having travailed nearly the whole distance from Nauvoo to Carthage three times that day.

On the following morning the Governor's mobocratic troops were all paraded and formed in line for review. This done, his Excellency passed along their front, accompanied by Generals Joseph and Hyrum Smith, whom he introduced to the troops as military officers, calling them General Joseph and General Hyrum Smith. Whether he did this out of respect to his distinguished prisoners, or whether he did it to gratify the mob with a sight of their intended victims, can be pretty correctly inferred from the proceedings already related. But some of the troops doubtless misconstrued his Excellency's object, and thought he was doing these men, whom they regarded as criminals, too much honour, and therefore mutinied, and became exceedingly boisterous, and for a time it was feared that nothing could stay their hands from violence and bloodshed. The Governor, however, succeeded in pacifying them by making to them a speech, in which he promised them full satisfaction. But as this was made in public, he of course had to promise it through a lawful channel. These mutineers, I wish it distinctly remembered, were the "Carthage Greys. " The prisoners, for so they were considered, delivered themselves into the hands of the constable, and they were brought before the magistrate for examination on the charge of riot. And after every effort was made on the part of the prosecution to prevent it, they, with some of the City Council and a number of policemen, who had also obeyed the warrant, succeeded in giving the required bail to answer to the charges preferred, before the next Circuit Court. It is worthy here to notice, that in case the charges could have been sustained at court, the prisoners could have been fined only at most in the sum of two hundred dollars; yet this military esquire absolutely demanded the sum of five hundred dollars for each man's recognizance, which was two-and-a-half times as much as the penalty of actual guilt. The prisoners being fifteen in number, the court hoped that the required sum could not be vouched for by those present, and that they must consequently be committed to jail. But there was strength enough at hand, and a sufficiency of unquestionable bail, notwithstanding the unparalleled amount, was instantly forthcoming, and the prisoners were once more free men. But liberty was not for them, for in less than half-an-hour, there was a Mittimus served on Joseph and Hyrum Smith, against whom the spite of the mob was always directed. In this Mittimus, the constable was ordered to confine them in jail.

But I am a little before my story. I should have said that on the morning of the arrival of the Smiths in Carthage, to answer for a charge of riot, they were both apprehended on the charge of Treason. But the case on the charge of riot came on first, and terminated as stated above; and the prisoners had not, as yet, been brought before the justice, in the case of treason, for examination. He could not, therefore, legally imprison them; but he was captain of the mutinous "Carthage Greys, " as well as justice of the peace, and of course things had to go according to his liking. So notwithstanding the protests of Mr. Smith's counsel, of illegality, he had them dragged to jail by a company of armed men, detailed for the purpose; and although the Governor had previously pledged his honour, and the honour of the State, in case the Smiths should drive themselves up; that they should be protected from illegal violence, and that the law only was sought to be enforced. This pledge he frequently repeated; yet when they had confided in the strong assurances of his Excellency, and had submitted to, and were willing to abide, the law of the land, and while being illegally ordered to be imprisoned by this military magistrate, they appealed in vain, again and again, to the Governor himself, reminding him of his pledges, to arrest that order from being executed. His Excellency pleaded that he had no authority to stay civil process, or the due course of law; that the prisoners were in the hands of the civil authorities, and that he could not interrupt a civil officer in the discharge of his duty. But what are the facts? A justice of the peace, acting as a military officer also, by virtue of his commission as such, orders his command to appear under arms and to safely incarcerate the prisoners, whom he had just before ordered the constable to commit to jail by Mittimus ere they had been brought before him for examination; and the Governor, having been himself, at one time, a judge upon the bench, knew and well understood the illegality of the above proceedings; he also well knew that military power and authority were used; and yet he, acting at that time as Commander-in-Chief, in a military point of view, which gave him all the supervision over all his officers, and, in fact, made him responsible for all their acts and movements, refused to interfere, or to countermand the order-the illegal, oppressive, and unofficer-like order, of one of his captains. But again, having taken the oath of office, he was, by virtue of that oath, bound to see the laws faithfully executed, and not violated and trodden under foot, and that right in his presence, and at a time too, when he had the bone and sinew of the State, over which he then presided, collected together for the express purpose, professedly, at least, of enforcing the law, magnifying it, and making it honourable. I would here stop to inquire, whether his Excellency did not render himself liable to be court-martialed and cashiered for unofficer-like conduct; and also to impeachment, for a neglect and violation of his oath of office, as the chief magistrate of a great State? I give the affirmative as my deliberate opinion in both specifications.

But the prisoners being committed, and as the Mittimus recited, " until discharged by due course of law," the magistrate had no further jurisdiction over them. They ought, therefore, to have remained there until the session of the next Court, or have been brought out by Habeas Corpus. On the next day, however, the esquire ordered the constable to bring them before him into the Courthouse for examination. The legal objections were now made by them and their counsel, and they refused to go; but there was a way to make them. He had a curious and convenient coat or badge of office, which, by a sudden transition, assumed the military or civil form at will-now civil, now military, and in this last, he ordered his " b'hoys," the " Greys," to assist the constable and bring them This done, the prisoners required time to procure the necessary witnesses, and prepare for the examination. This was with great difficulty obtained. The day was already far spent, say five o'clock, p.m., and time was only given till twelve the next day, in which to write out some thirty or more subpoenas, and then to send them, say twenty miles, to Nauvoo and other places, and serve them on that number of scattered witnesses, and have them in court. And now the defendants were remanded to prison. (This is only one instance of a constant scene of oppression to which these men have ever been exposed.)

It was not until during this imprisonment that the Governor redeemed his oft-repeated promise to give General Smith a personal interview. He accordingly made his appearance with a friend of his on the first day of their incarceration, when the General, like Paul, had the privilege of answering for himself. He adverted to all the leading causes which gave rise to the difficulties under consideration, in a brief, but lucid, energetic, and impressive manner. The Governor felt that what was said was true. General Smith read copies of all the orders and proceedings of the City Council of Nauvoo concerning the destruction of the Expositor, and of the correspondence forwarded to his Excellency in relation thereto; and also informed him concerning the call of the Legion, and the position they occupied of absolute necessity-not to make war upon or invade the rights of any portion of the State, but as the last resort, and only defence, in the absence of executive protection, against a large organized military and mobocratic foe. The General reminded his Excellency that the question in dispute was a civil matter, and to settle which, needed no resort to arms; and that he was ready at any time, and had always been to answer to any charge in the premises, that might be preferred against him, either as Mayor of the city, or as a private individual, in any court of justice, unintimidated by a mob or military array; and make all the satisfaction that the law required, if any, etc. The Governor said he had not called out this force, but found it assembled in military order, on his arrival at that place; and that the law must be enforced, but that the prisoners must and should be protected; and that he again Pledged his word, and the faith and honour of the State, that they should be. He also stated that he intended to march his troops (that is, those who had assembled for mobocratic purposes, and whom he had mustered into service) into Nauvoo, to gratify them, and that the prisoners should accompany them, and then return again to attend the trial before the said magistrate, which he said had been postponed for the purpose of making this visit.

Afterwards, however, his Excellency called a council, of war, I suppose, where it was determined to change the order of the day. The troops were now all to be disbanded, excepting two companies. At the head of the one which was from M'Donnough County, he marched into Nauvoo; while he had detailed the other, the mutinous "Carthage Greys, " to guard and protect the prisoners whom he left in the jail, in direct violation of the pledges he had made to them on the previous day. All the other troops were disbanded and ordered home, while there yet retained also a body of several hundred men, eight or ten miles out, apparently under the control of no one, except Col. Williams, a sworn enemy, who, it is well known, had on more occasions than one, not only threatened Nauvoo with destruction, but the Prophet with death. This was the condition of things on the morning of the 27th June, the day on which was acted the most unheard of and unprecedented tragedy that, in my opinion, can be found on record. JOSEPH and HYRUM, the Prophet and Patriarch, were that day slain by wicked hands, WHILE IMMURED, IN PRISON. And thus was shed, on that memorable day, the best blood, and the noblest too, of the nineteenth century.

Great God! what a sudden stroke in thy Providence was that? Was there no way in thine Omnipotence to avert it? Or was it requisite for these thy faithful servants, who loved their brethren as they did themselves, even unto death, to lay down their lives and seal their testimony with their blood? Victims they indeed were to rage, but wo to the man who participated therein.

In reviewing the proceedings and movements of this chieftain, his Excellency Governor Thomas Ford, as impartially as the nature of the case will admit of, it is difficult to conjecture how he could have played a card better to suit the mob than he did. He said he had received an expression of all the troops and a promise that they would stand by him to see the laws faithfully executed. But what of all that? They were still a mob, and now without a head resolved into its very worst form-that of disorganization.

It cannot be pleaded, in extenuation, that his Excellency ordered the troops to return to their homes, because the only way to have accomplished this was to have marched them home, under the command of their respective officers, before they were disbanded. And this he did not do; on the contrary, he disbanded companies of men from various counties, all at the same time and in the same place, over whom, from that very circumstance, he could have no further control, even if he had desired it, for they had, by his act become free men, and, as citizens of Illinois, had a right to remain or go home at pleasure, his wishes or orders to the contrary notwithstanding. But not only so, for if he had found it necessary, in case of some emergency, to call a posse to his aid, he could not have commanded their services without first making call upon some of their colonels or other officers in their respective military districts.

But again, instead of remaining upon the ground to see that his orders were complied with, he forthwith put himself at the head of a company, I suppose as a body guard, and took up a line of march for Nauvoo, where he took occasion, after calling the multitude together, to insult them in a speech of some twenty minutes, in a most gross and ignominious manner, unbecoming any public functionary, charging them with movements, acts, and inconsistencies, which were utterly untrue, and never existed, only in the foul throats of our most inveterate traducers, who had the adroitness to ingratiate themselves into his good graces, and prejudice him against us. While these things were going on, much to his satisfaction, the prisoners in jail were left to be guarded ostensibly, by the before mentioned "Carthage Greys," who, only two days before, came near committing murder, as well as mutiny, right in his presence; and of those, only eight men were detailed to stand guard at a time, at the jail, while the rest remained in camp on the public square, one quarter of a mile off. Thus were these intended victims, instead of being protected, left at that momentous crisis, with but two of their friends with them, to wit: Elders Willard Richards and John Taylor, of the Quorum of the Twelve. The writer of this was permitted to enter the prison with them as a friend, and remained with them until he was sent to Nauvoo, only several hours previous to the fatal catastrophe, to aid in forwarding witnesses. And Colonel Markham, who had also remained with them, was run out of town the same day, before the bayonets of a promiscuous crowd, who threatened his life, while making a few little purchases for the prisoners. And, as might have been expected, a little after five o'clock in the evening, at the very time that his Excellency was insulting the peaceable citizens of Nauvoo, a body of about one hundred and fifty armed men, with painted faces, appeared before the jail, unobserved by the inmates, and without opposition from any quarter. The guard at the door, it is said, elevated their firelocks at the approach of these men in disguise, and, boisterously threatening them, discharged them over their heads. The crowd by this time had encircled the building: some shoved the guard from their post; rushed up the flight of stairs to the prisoners' apartment, which for that day was in an upper open room; broke open the door, and began the work of death, while others fired in through the open windows. Dr. Richards, with Colonel Markham's heavy walking stick, defended the door, knocking down, and to one side, the muzzles of the assailants' guns, as they fired into the room; and, strange to say, notwithstanding his exposed condition, he remained entirely unhurt. The first shot, however, that was made, was through the door, before it was opened, at their first approach; this was the fatal ball that killed Hyrum. It pierced his face a little below the eye. As he fell he exclaimed, "I am a dead man, " These were his only and last words. He was afterwards, while down, pierced with a number of other balls in various parts of his body. Joseph had taken position on one side of the door, and, with his left hand, discharged three rounds from a revolving six-shooting pocket pistol (which had been handed him by Elder C. H. Wheelock, but who was also sent away on business by them), and at each fire wounded his man; the other three caps did not go off. Elder Taylor was by this time also thought to have been killed, as he lay bleeding from many wounds. The Prophet, now finding himself without any means of defence, his brother being dead, and himself the only survivor whose life was sought for, attempted to make his escape through the nearest window. A number of balls penetrated his body, however, while making this attempt; and in his last moments he did not forget Him whose servant he was, and for whose cause he was about to lay down his life. How very like were his last words to the dying words of the Saviour- "My God, my God! why hast thou forsaken me?" Joseph had only time to exclaim, " O Lord, my God!" and fell out of the building into the hands of his MURDERERS.

Times & Seasons, “Awful Assassination of Joseph and Hyrum Smith!” http://www.centerplace.org/history/ts/v5n12.htm.

Awful assassination of JOSEPH AND HYRUM SMITH!-The pledged faith of the state of Illinois stained with innocent blood by a Mob!

On Monday the 24th inst., after Gov. Ford had sent word, that those eighteen persons demanded on a warrant, among whom were Joseph Smith and Hyrum Smith should be protected, by the militia of the State, they in company with some ten or twelve others, started for Carthage. Four miles from that place, they were met by Capt. Dunn, with a company of cavalry, who had an order from the Governor for the "State Arms." Gen. Smith endorsed his acceptance of the same, and both parties returned to Nauvoo to obtain said arms. After the arms were obtained, both parties took up the line of march for Carthage, where they arrived about five minutes before twelve o'clock at night. Capt. Dunn nobly acquitting himself, landed us safely at Hamilton's hotel

In the morning we saw the governor, and he pledged the faith of the State, that we should be protected. Gen. Smith and his brother Hyrum were arrested by a warrant founded upon the oaths of H. O. Norton and Agustine Spencer for treason. Knowing the threats from several persons, that the two Smiths should never leave Carthage alive, we all began to be alarmed for their personal safety. The Gov. and Gen. Deming conducted them before the McDonough troops and introduced them as Gen. Joseph Smith and Gen. Hyrum Smith.-This manœuvre [maneuver] came near raising a mutiny among the "Carthage Greys," but the governor quelled it.

In the afternoon, after great exertions on the part of our counsel, we dispensed with an investigation, and voluntarily gave bail for our appearance to the Circuit Court, to answer in the case of abating the Nauvoo Expositor, as a nuisance.

At evening the Justice made out a mittimus, without an investigation, and committed the two Gen. Smiths to prison until discharged by due course of law, and they were safely guarded to jail. In the morning the Governor went to the jail and had an interview with these men, and to every appearance all things were explained on both sides.

The constable then went to take these men from the jail, before the Justice for examination, but the jailer refused to let them go, as they were under his direction "till discharged by due course of law;" but the governor's troops, to the amount of one or two hundred, took them to the Court House, when the hearing was continued till Saturday the 29th, and they were remanded to jail. Several of our citizens had permits from the Governor to lodge with them, and visit them in jail. It now began to be rumored by several men, whose names will be forthcoming in time, that there was nothing against these men, the law could not reach them, but powder and ball would! The Governor was made acquainted with these facts, but on the morning of the 27th, he disbanded the McDonough troops, and sent them home; took Captain Dunn's company of cavalry and proceeded to Nauvoo, leaving these two men and three or four friends, to be guarded by eight men at the jail; and a company in town of 60 men, 80 or 100 rods from the jail, as a corps in reserve.

About six o'clock in the afternoon the guard was surprised by an armed mob from 150 to 250, painted red, black and yellow, which surrounded the jail, forced in-poured a shower of bullets into the room where these unfortunate men were held, "in durance vile," to answer the laws of Illinois; under the solemn pledge of the faith of the State, by Gov. Ford, that they should be protected! but the mob ruled!! They fell as martyrs amid this tornado of lead, each receiving four bullets! John Taylor was wounded by four bullets in his limbs but not seriously. Thus perishes the great hope of law; thus vanishes the plighted faith of the State; thus the blood of innocence stains the constituted authorities of the United States, and thus have two among the most noble martyrs since the slaughter of Abel, sealed the truth of their divine mission, by being shot by a Mob for their religion!

Messengers were dispatched to Nauvoo, but did not reach there till morning. The following was one of the letters:

12 o'clock at night, 27th June, }

Carthage, Hamilton's Tavern. }

TO MRS. EMMA SMITH,

AND MAJ. GEN. DUNHAM, &c-

The Governor has just arrived; says all things shall be inquired into, and all right measures taken.

I say to all the citizens of Nauvoo, my brethren, be still, and know that God reigns. Don't rush out of the city-don't rush to Carthage; stay at home, and be prepared for an attack from Missouri mobbers. The governor will render every assistance possible-has sent out orders for troops-Joseph and Hyrum are dead, but not by the Carthage people-the guards were true as I believe.

We will prepare to move the bodies as soon as possible.

The people of the county are greatly excited, and fear the Mormons will come out and take vengeance-I have pledged my word the Mormons will stay at home as soon as they can be informed, and no violence will be on their part, and say to my brethren in Nauvoo, in the name of the Lord-be still-be patient-only let such friends as choose come here to see the bodies- Mr. Taylor's wounds are dressed & not serious-I am sound.

WILLARD RICHARDS,

JOHN TAYLOR,

SAMUEL H. SMITH.

Defend yourselves until protection can be furnished necessary, June 27th, 1844.

THOMAS FORD, Governor

and Commander in Chief.

Mr. Orson Spencer,

Dear sir:-Please deliberate on this matter; prudence may obviate material destruction. I was at my residence when this horrible crime was committed. It will be condemned by three fourths of the citizens of the county-be quiet or you will be attacked from Missouri.

M. R. DEMMING.

The Governor, as well as the citizens of Carthage, was thunder struck! and fled.

The Legion in Nauvoo, was called out at 10 A. M. and addressed by Judge Phelps, Col. Buckmaster, of Alton, the Governors aid, and others, and all excitement and fury allayed and preparations were made to receive the bodies of the Noble Martyrs. About 3 o'clock they were met by a great assemblage of people east of the Temple on Mulholland street, under the direction of the city Marshal, followed by Samuel H. Smith, the brother of the deceased, Dr. Richards and Mr. Hamilton, of Carthage. The wagons were guarded by 8 men. The procession that followed in Nauvoo, was the City Council, the Lieut. General's Staff, the Major General and staff, the Brigadier General and staff, commanders and officers of the Legion and citizens generally, which numbered several thousands, amid the most solemn lamentations and wailings that ever ascended into the ears of the Lord of Hosts to be avenged of our enemies!

When the procession arrived the bodies were both taken into the 'Nauvoo Mansion;' the scene at the Mansion cannot be described: the audience was addressed by Dr. Richards, Judge Phelps, Woods and Reed Esqs. of Iowa, and Col. Markham. It was a vast assemblage of some 8 or 10,000 persons, and with one united voice resolved to trust to the law for a remedy of such a high handed assassination, and when that failed to call upon God to avenge us of our wrongs! Oh! widows and orphans:-Oh! Americans weep for the glory of freedom has departed!

H. T. Reid, Statement of Facts, Times & Seasons, http://www.centerplace.org/history/ts/v5n12.htm

STATEMENT OF FACTS!

At the request of many persons who wish that the truth may go forth to the world in relation to the late murder of Joseph and Hyrum Smith, by a band of lawless assassins, I have consented to make a statement of the facts so far as they have come to my knowledge, in an authentic shape, as one of the attorneys employed to defend the said Smiths against the charges brought against them; and other persons at Carthage in the State of Illinois.

On Monday the 24th inst., at the request of Gen. Smith I left Fort Madison in the Territory of Iowa and arrived at Carthage where I expected to meet the General, his brother Hyrum and the other persons implicated with them; they arrived at Carthage late at night and next morning voluntarily surrendered themselves to the constable, Mr. Bettersworth, who held the writ against them on a charge of riot for destroying the press, type and fixtures of the Nauvoo Expositor, the property of William and Wilson Law, and other dissenters, charged to have been destroyed on the 10th inst.

Great excitement prevailed in the county of Hancock, and had extended to many of the surrounding counties. A large number of the militia of several counties were under arms at Carthage the Head Quarters of the commanding Gen. Deming; and many other troops were under arms at Warsaw and other places in the neighborhood. The Governor was at Head Quarters in person, for the purpose [of] seeing that the laws of the land were executed and had pledged his own faith and the faith of the State of Illinois that the Smiths and the other persons concerned with them should be protected from personal violence, if they would surrender themselves to be dealt with according to law. During the two succeeding says his Excellency repeatedly expressed to the legal counselors of the Smiths his determination to protect the prisoners and to see that they have a fair and impartial examination [as] far as depended on the Executive of the State. On Tuesday morning soon after the surrender of the prisoners on the charge of riot, Gen. Joseph Smith and his brother Hyrum were both arrested on a charge of treason against the State of Illinois. The affidavits upon which the writs [were] issued were made by Hyrum Norton and Augustine Spencer.

On Tuesday afternoon the two Smiths and other persons, on the charge of riot, appeared before R. F. Smith, a justice of the peace residing at Carthage, and by advice of counsel, in order to prevent if possible, any increase of excitement, voluntarily entered into recognizance in the sum of five hundred dollars each with unexceptionable security for their appearance at the next term of the Circuit Court for said county. The whole number of persons recognized is fifteen, most if not all of them leading men in the Mormon church.

Making out the bonds and justifying bail necessary consumed considerable time, and when this was done it was near night, and the Justice adjourned his court over without calling on the Smiths to answer to the charge of treason or even intimating to their counsel of the prisoners that they were expected to enter into the examination that night. In less than an hour after the adjournment of the court, constable Bettersworth who had arrested the prisoners in the morning, appeared at Hamilton's Hotel, at the lodgings of the prisoners and their counsel and insisted that the Smiths should go to jail. Mr. Woods of Burlington, Iowa, and myself, as counsel for the prisoners; insisted that they were entitled to be brought before the justice for examination before they should be sent to jail. The constable to our surprise, there-upon exhibited a mittimus from said justice as follows:

State of Illinois, Hancock County.

The people of the State of Illinois to the keeper of the jail of the said county, greeting:

Whereas Joseph Smith and Hyrum Smith of the county aforesaid have been arrested upon the oath of Augustine Spencer and Henry O. Norton, for the crime of treason, and have been brought before me as a Justice of the Peace in and for said county, for trial at the seat of Justice there of, which trial has been necessarily postponed by reason of the absence of material witnesses, to wit Francis M. Higbee and others; therefore I command you in the name of the people to receive the said Joseph Smith and Hyrum Smith into your custody in the jail of the county aforesaid, there to remain until discharged by due course of law.

Given under my hand and seal this 25th day of June, A. D. 1844.

(Signed.)

R. P. SMITH, J. P. {L. S.}

His Excellency did not think it within the sphere of his duty to interfere, and the prisoners were removed from their lodgings to jail. The recitals of the mittimus before the justice for trial, and it there appearing that the necessary witnesses of the prosecution were absent, is wholly untrue, unless the prisoners could have appeared before the justice without being present in person or by counsel; nor is there any law of Illinois within my knowledge which permits a justice to commit persons charged with crimes, to jail without examination as to the probability of their guilt.

On Wednesday forenoon the Governor in company with one of his friends visited the prisoners at the jail, and again assured them that they should be protected from violence, and told them if the troops marched the next morning to Nauvoo as his Excellency then expected they should be taken along, in order to insure their personal safety.

On the same morning, some one or more of the counsel for the prosecution, expressed their wish to me, that the prisoners should be brought out of jail for examination; they were answered that the prisoners had already been examined, and that the justice and constable had no further control of the prisoners and that if the prosecutors wished the prisoners brought out of jail, they should bring them out on a writ of Habeas Corpus or some other due course of law. The constable after this conversation went to the jail with the following order to the jailer:

State of Illinois, Hancock County. ss.

To David Bettersworth, constable of said county:

You are commanded to bring the bodies of Joseph Smith and Hyrum Smith from the jail of said county, forthwith before me at my office for an examination on the charge of treason, they having been committed for safe keeping until trial could be had on such examination and the state now being ready for such examination.

Given under my hand and seal this 26th day of June 1844.

(Signed.)

R. P. SMITH, J. P. {L. S.}

And demanded the prisoners, but as the jailer could find no law authorizing a justice of the peace, to demand prisoners committed to his charge, he refused to give them up, until discharged from his custody by due course of law. Upon the refusal to give up the prisoners the company of Carthage Greys marched to the jail, by whose orders I know not, and compelled the jailer against his will and conviction of duty, to deliver the prisoners to the constable, who, forthwith, took them before Justice Smith, the Captain of the Carthage Greys. The counsel for prisoners then appeared, and asked for subpoenas for witnesses on the part of the prisoners, and expressed their wish to go into the examination soon, as witnesses could be brought from Nauvoo to Carthage; the justice thereupon fixed the examination for 12 o'clock, on Thursday the 27th inst.; whereupon, the prisoners were remanded to prison. Soon after a council of the military officers was called by the Governor, and was determined to march the next morning, the 27th inst. to Nauvoo, with all the troops, except one company which was to be selected by the Governor from the troops whose fidelity was more to be relied on to guard the prisoners, whom it was determined should be left at Carthage. On Thursday morning, another consultation of officers took place, and the former orders for marching to Nauvoo with the whole army, were countermanded. One company were ordered to accompany the Governor, to Nauvoo, the Carthage Greys, who had but two days before, been under arrest for insulting the commanding General, and whose conduct had been more hostile to the prisoners, and the other troops including those rendezvoused at Golden's Point from Warsaw, and who had been promised that they should be marched to Nauvoo were disbanded. A guard of only eight men were stationed at the jail, whilst the rest of the Greys were in camp at a quarter of a mile's distance, and whilst his excellency was haranguing the peaceable citizens of Nauvoo, and asking them to give up all their own arms, the assassins were murdering the prisoners in jail, whom the Governor had pledged himself and the State to protect.

H. T. REID.

James W. Woods, statement, Times & Seasons, http://www.centerplace.org/history/ts/v5n12.htm

At the request of the friends of Joseph and Hyrum Smith, I have consented to give a statement of such matters as I had a knowledge of in relation to their murder at Carthage, and what occurred under my observation. I arrived in Nauvoo from Burlington, Iowa, on Friday, June 21, about 9 o'clock, P. M., found all things quiet, had an interview on Saturday morning the 22d, with Joseph and Hyrum Smith, who was in consultation with some of their friends in relation to a communication from Gov. Ford: during the interview heard Gen. Joseph Smith give orders to disband the Legion and withdraw the guards and sentinels, who were cooperating with the police to preserve the peace of the city, as he said by order of Gov. Ford; that I went from Nauvoo to Carthage on the evening of the 22d, when I had an interview with Gov. Ford, assuring him as to the quiet of Nauvoo, and that Smith and his friends were ready to obey the laws. I was told that the constable with a posse had that evening gone to Nauvoo with a writ for Smith and others, and that nothing short of an unconditional surrender to the laws could allay excitement. I was then informed by Gov. Ford he was pledged to protect all such persons as might be arrested, and that they should have an impartial examination, and that if the Smiths and the rest against whom warrants had been issued, would come to Carthage by Monday the 24th inst., (June,) it would be a compliance on their part, and on Sunday morning the 23d, Gov. Ford pledged his word that if Gen. Smith would come to Carthage, he should by him be protected, with such of his friends as might accompany him, and that I as his counsel should have protection, in defending Smith; that I returned to Nauvoo on Sunday evening the 23d, and I found Gen. Joseph and Hyrum Smith making preparations to go to Carthage on Monday; and on Monday morning the 24th, I left the city of Nauvoo in company with the two Smiths, and some fifteen other persons, parties and witnesses, for Carthage. We were met by a company of about 60 men under Capt. Dunn; that at the request of Gen. Joseph Smith, I advanced and communicated with the commander of the company, and was informed he was on his way to Nauvoo, with an order from Gov. Ford for the State Arms at that place, that it was agreed by myself on behalf of Gen. Smith, that the order for the arms should be endorsed by Gen. Smith; and that he should place himself under the protection of Capt. Dunn, to return to Nauvoo and see the Governor's order promptly obeyed and return with Capt. Dunn to Carthage; Capt. Dunn pledging his word as a military man, that Smith and his friends should be protected, that the order was endorsed by Gen. Smith, which was communicated by Capt. Dunn, to Gov. Ford, with a letter from Gen. Smith, informing the Governor that he would accompany Capt. Dunn to Carthage.

I left the company and proceeded to Carthage; that about 12 o'clock at night of the 24th, Captain Dunn returned with the State Arms from Nauvoo; accompanied by Joseph and Hyrum, and some 13 others, who were charged with a riot in destroying the printing press of the Nauvoo Expositor; that on the morning of the 25th, Joseph and Hyrum Smith, with the others charged, surrendered themselves to the constable, and at the same time that Joseph and Hyrum Smith were arrested on a charge of treason against the State of Illinois; that about 3 o'clock P. M. on the 25th, the justice proceeded to the examination in relation to the riot and after a good deal of resistance on the part of the prosecution, we were permitted to enter into a recognizance to answer at the next term of the Circuit Court, that we were engaged until dark in making out and giving our recognizances, that in consequence of the rumors as to the excitement in Warsaw and other points, and to allay the fears of the citizens of Nauvoo, I requested Gov. Ford to detail a company to Nauvoo, to protect the city, which request was promptly complied with, and that night Capt. Singleton, with a company of men from McDonough county marched to Nauvoo and took possession of the city and remained until the evening of the 27th when they took up their line of march for Carthage.

After the matter of the riot was disposed of the justice left, without saying anything in relation to the examination for treason, and in about the hour the constable returned with a mittimus, a copy of which accompanies the statement of my colleague, H. T. Reid, a copy of which was demanded and refused; that I requested the officer to wait until I could see Gov. Ford, and I was told he would wait five minutes, and as I went to the door I met Capt. Dunn with some twenty men to guard the prisoners to jail; that I accompanied Gov. Ford to the justice, R. F. Smith, who gave us a cause for issuing the warrant of committal, that the prisoners were not personally safe at the hotel.

I then requested the Governor to have a company detailed to guard the jail, which was done, and they arrived at the jail about the same time as the prisoners. On the morning of the 26th, the Governor visited the jail in company with a friend, at which interview the Governor again pledged himself for their personal safety, and said if the troops went to Nauvoo, as was then contemplated that they should go along to ensure their protection, that after the interview at the jail, the counsel for the prosecution wanted the prisoners brought before the justice for an examination, to which the counsel for the prisoners replied, that they were committed until they were discharged by due course of law, and that we could do nothing until the prisoners were legally before the court, where we would appear and defend; that the justice R. F. Smith gave the constable an order (a copy of which accompanies the statement of H. T. Reid Esq.,) for the jailor [jailer] to deliver up the prisoners, which the jailor [jailer] refused to do;-that the constable then repaired to the jail with a company called the "Carthage Greys," of whom the justice, R. F. Smith, was the captain, but not then in command; and by intimidation and threats, forced the jailor [jailer] to give up the prisoners to the constable, who took them before the justice, R. F. Smith, at the Court House, that on the motion for the counsel for the prisoners, the examination was postponed until the 27th, 12 o'clock, and subpœnas issued for witnesses on the defence [defense]. The two Smiths were then remanded to jail and orders were issued for a consultation of the officers, with the commander-in-chief, and it was determined that the troops should take up a line of march at 8 o'clock, on the morning of the 27th, for Nauvoo, and after the consultation, the justice, who was one of the officers in command, altered the return of the subpœnas until the 29th, and continued the hearing until that time, without consulting either the prisoners or the counsel; that on the morning of the 27th, the order for marching to Nauvoo, was countermanded, and all the troops disbanded but the company under Capt. Singleton at Nauvoo, Capt. Dunn's company of horse, and the Carthage Greys, that the governor determined to visit Nauvoo, escorted by Capt. Dunn's company; and the Carthage Greys were left as a guard for the prisoners at the jail, that after the troops were disbanded, I requested Gov. Ford to detail some men to guard the rout to Warsaw, as I apprehended much danger from that place, but I do not know whether it was done or not, as I left Carthage about 11 o'clock, A. M., and came to Nauvoo; that Gov. Ford and his aide, Col. Buckmaster, escorted by Capt Dunn's company, arrived in Nauvoo about 5 o'clock, P. M., where he addressed the citizens, and promised them protection, and a just execution of the laws, and immediately left the city for Carthage.

JAMES W. WOODS,

Attorney at Law, of Burlington, Iowa.

Thomas Ford, “To the People of the State of Illinois,” Times & Seasons http://www.centerplace.org/history/ts/v5n12.htm

TO THE PEOPLE OF THE STATE OF ILLINOIS.

I desire to make a brief but true statement of the recent disgraceful affair at Carthage, in regard to the Smiths, so far as circumstances have come to my knowledge. The Smiths, Joseph and Hyrum, have been assassinated in jail, by whom it is not known, but will be ascertained. I pledged myself for their safety, and upon the assurance of that pledge, they surrendered as prisoners. The Mormons surrendered the public arms in their possession, and the Nauvoo Legion submitted to the command of Capt. Singleton, of Brown county, deputed for that purpose by me. All these things were required to satisfy the old citizens of Hancock that the Mormons were peaceably disposed; and to allay jealousy and excitement in their minds. It appears however that the compliance of the Mormons with every requisition made upon them failed of that purpose. The pledge of security to the Smiths, was not given upon my individual responsibility. Before I gave it, I obtained a pledge of honor by a unanimous vote from the officers and men under my command, to sustain me in performing it. If the assassination of the Smiths was committed by any portion of these, they have added treachery to murder, and have done all they could to disgrace the state, and sully public honor.

On the morning of the day the deed was committed, we had proposed to march the army under my command into Nauvoo. I had however discovered on the evening before, that nothing but utter destruction of the city would satisfy a portion of the troops; and that if we marched into the city, pretexes[ pretexts] would not be wanting for commencing hostilities. The Mormons had done every thing required, or which ought to have been required of them. Offensive operations on our part would have been as unjust and disgraceful, as they would have been impolitic, in the present critical season of the year, the harvest and the crops. For these reasons I decided in a council of officers, to disband the army, except three companies, two of which were reserved as guards for the jail.-With the other company I marched into Nauvoo, to address the inhabitants there, and tell them what they might expect in case they designedly or imprudently provoked a war. I performed this duty as I think plainly and emphatically, and then set out to return to Carthage.-When I had marched about three miles, a messenger informed me of the occurrences at Carthage. I hastened on to that place. The guard it is said did their duty but were overpowered. Many of the inhabitants of Carthage had fled with their families. Others were preparing to go. I apprehended danger in the settlements from the sudden fury and passion of the Mormons and sanctioned their movements in this respect.

General Damming volunteered to remain with a few troops to observe the progress of events, to defend property against small numbers, and with orders to retreat if menaced by a superior force. I decided to proceed immediately to Quincy, to prepare a force sufficient to suppress disorders, in case it should ensue from the foregoing transactions or from any other cause. I have hopes that the Mormons will make no further difficulties. In this I may be mistaken. The other parby [party] may not be satisfied. They may recommend aggression. I am determined to preserve the peace against all breakers of the same, at all hazards. I think present circumstances warrant the precaution, of having competent force at my disposal, in readiness to march at a moments warning. My position at Quincy will enable me to get the earliest intelligence, and to communicate orders with the greatest clarity.

I have decided to issue the following general orders:

HEAD QUARTERS}

Quincy, June, 29, 1844. }

It is ordered that the commandants of regiments in the counties of Adams, Marquette, Pike, Brown, Schuyler, Morgan, Scott, Cass, Fulton and McDonough, and the regiments composing Gen. Stapp's brigade, will call their respective regiments and battalions together immediately upon the receipt of this order, and proceed by voluntary enlistment to enrol [enroll] as many men as can be armed in their respective regiments. They will make arrangements for a campaign of twelve days, and provide themselves with arms, ammunition, and provisions accordingly, and hold themselves in readiness immediately to march upon the receipt of further orders.

The independent companies of riflemen, infantry, cavalry, and artillery in the above named counties, and in the county of Sangamon will hold themselves in readiness in like manner.

THOMAS FORD,

Governor, and commander-in-chief.

Willard Richards, Minutes, ca. 1844, Joseph Smith history documents, 1840–60, Church History Library; punctuation as in original. Jason R. Luce recalled the conversation between a man named Powers and a Mr. Davis when a group met on June 11, 1844, to discuss the men returning over the river and going to Carthage:

Powers said they would attempt to kill Joseph— Mr. Davis replied No I think not,—Yes say Powers they will by God & you know it by—God.”

Jonathan Calkins Wright, Affidavit, January 13, 1855, Joseph Smith history documents, 1840–60. (Recollection of a conversation between him and Colonel Enoch C. March between the Mansion House and Richard Brersier’s Ferry Landing on Water Street in Nauvoo on June 26, 1844, at about 5 p.m., after he met with George T. M. Davis, editor of the Alton Telegraph, when March’s soldiers had come looking for Joseph and were unable to find him. Wright bore witness to March that he had a testimony of Joseph Smith’s prophetic calling, and this is March’s reply.)

Col. March Replied. Mr. Wright— you are mistaken—& I know it—you do not know what I know. I tell you—they will kill Jo Smith before he leaves Carthage & I know it—& you never will see him alive again—said I Enoch, I do not believe it. he is in the hands of God—& God will deliver him—says he I know better—when you hear of him again—you will hear he is dead & I know it—& I will tell you why I know it—The people at Carthage wanted permission from the Gov. to kill you all—& burn up your city—& Ford (the Gov.) asked me if I thought it was best to suffer it—I replied—No no—for Gods sake Ford—don’t suffer it—that will never do—no never—Just see for a moment Ford what that would do—it would be the means of murdering 1000s of Innocent men women & children—& destroying, Thousands of Dollars worth of property—& that never would do. it would not be sanctioned—it would disgrace the nation—you have now got the Principal men—here under your control—they are all you want, What more do you want When they are out of the way, the thing is settled & the people will be satisfied & that is the easiest way you can dispose of it & Gov Ford thought upon the whole that was the best policy & I know it will be done.

Matthew Caldwell, Autobiographical sketch, holograph, Church History Library. See also Matthew Caldwell, Testimony of Matthew Caldwell, January 15, 1908, holograph, Church History Library; punctuation standardized for clarity

On the evening of June 26, 1844, the old Mob leader, Col. Levi Williams, with Tom Sharp, the editor of the Warsaw Sentinel, had a few new wagons rolled out from under a shed and placed a two inch plank on the box of one of the wagons. Col. Williams then climbed on the box and gave orders for the captains of the militia to form their companies facing the wagon. “As soon as the orders were obeyed, Col. Levi Williams said, ‘Boys, the governor is not going to do anything for us. All that is in favor of going to Carthage in the morning step out three paces in front. Those contrary stand fast.’ At the word, ‘March,’ all but six men stepped out. The names of the six were: Matthew Caldwell, George Walker, William Guymon, Platt Fairbanks, Eldred Hailey, and an old English gentlemen by the name of Zilburn. [Caldwell later talked his two brothers out of participating in the action.]

Mrs. Robert F. Smith, “A Short Sketch of the Trials of Mrs. R. F. Smith at the Killing of the Smiths, The Mormans Profphet,” holograph, SC 1434, Abraham Lincoln Presidential Library, Springfield, Illinois. (Misspellings in title and numerous transpositions of letters and misspellings in narrative retained as in original.) Robert F. Smith, captain of the Carthage Greys, was also the local judge and was so busy during this period that he did not have time to sleep during the night leading up to the martyrdom. His wife left the following account of that last day.

That day [June 27, 1844] I was unusually depressed and out of sorts. [I] had been living in almost constant dred terror of the Mormans for years and never knwen from day to day and hardly from one hour to another, what dreadfull catastrophe would happen and when the rumor reached me about half past two P.M. that a mob had collected on the prairie some a few miles out and were on the road to Carthage. Some thought they were Mormans comeing to liberate the Smiths from jail and and [sic] would destroy the town and every thing in it. My neighbors began to make preperations to leave their homes with their families and the part of town where I lived was soon entirely deserted but myself. . . . [My husband] had not been home a single night for two weeks. He with his men had been keeping gard of the town day and night all that time. . . . [She dressed and sent her six children to friends’ houses one block away and about an hour later she heard gunfire.] [I] was powerless to move for a minute or so. When I became conscious there was a Morman girl, who lived in the neighborhood, standing in the door. I was holding on to the bench of my chair and she was ringing her hands and saying ‘Oh my God! Mrs. Smith they are shooting the men down at the jail and throwing them out of the window. . . . All brought word of what terrible revenge the Mormans were going to take on the Carthage people for killing the Smiths. They were frightened and beleaved all the stories they heard.

Dan Jones, The Martyrdom of Joseph Smith and His Brother Hyrum, translated by Ronald D. Dennis, https://byustudies.byu.edu/content/martyrdom-joseph-smith-and-his-brother-hyrum-dan-jones

And even though J. Smith could have saved himself from their clutches in many ways; yes, even though hundreds gathered around him begging him with tears on their cheeks, out of fondness for him, not to go to the slaughter--for almost everyone including himself believed that would not come back alive--he went. And I shall never forget that scene when he stood in the middle, and looking around him, then at the city its inhabitants who were so dear to him, he said, "if I do not go there, the result will be the destruction of this city and its inhabitants; and I cannot think of my dear brothers and sisters and their children suffering the scenes of Missouri again in Nauvoo; it is better for your brother, Joseph, to die for his brothers and sisters, for I am willing to die for them. My work is finished; the Lord has heard my prayers and has promised that we shall have rest from such cruelties before long, and so do not prevent me with your tears from going to bliss." And after embracing his little children who were clinging to his clothes and after bidding a tender farewell to his wife whom he loved greatly, also in tears, and after giving the last comfort to his aged, saintly mother, he addressed the entire crowd with great effect, exhorting them to be faithful in the way and with the religion which he had taught them. And in that way he could greet them before long out of reach of mobs and every oppression, and he was sealing his testimony to that with his blood; and if he had a thousand lives it would be worth them all.

After this wondrous and heartrending scene which tongue cannot tell nor can pen record, we left his house on horses, but totally disarmed except for a few of us who had pistol in our pockets. When we were on higher ground where the temple was and a host was following to catch the last glimpse of him, he stood and looked back on the city for a moment in great solemnity, and then he said. "Oh, city, once the most blessed, but now the most pitiful in sadness. This is the kindest and most godly people and most beloved by Heaven of all the world. Oh, if only they knew what awaits them." But he restrained himself and after looking over it again, we proceeded on toward Carthage.

On the way we met some of the messengers who had gone there Saturday night, and some who had been released from prison that morning. They described the rioters in an unruly and bloodthirsty state. When within four miles of Carthage, we met a large company of armed men alongside us totally unexpectedly. And when they saw us, they formed to attack. At that, Joseph Smith halted his horse in the middle of the road, and he addressed us cheerfully and fearlessly, exhorting us, "Dear Brethren, you cannot come with me any further; retreat for your lives and let them pour out all their vengeance upon my head; I shall suffer it, for I am going like a lamb to the slaughter with a conscience void of offense toward God and men."

And at this he was surrounded by the soldiers (as we understood them to be) with their swords bared, and the Captain ordered him to surrender. Then his soldiers, as if they had won the battle of Waterloo, shouted three cheers for their victory. J. Smith addressed them briefly and succinctly, and he showed to them that he had never been an enemy to them, nor had he ever disobeyed any of the laws, and as proof of their wrong idea about him he was now on his way voluntarily, unobliged, into the midst of them who thirsted after his blood. And he said, "I would ask one favor from you if you are Americans; do not deny me! If you have any humanity in you and honor or human feelings, do not deny this my last request! This big favor is that you defend my life so that I shall have a fair trial before the court of my country. I do not fear the consequence, be it even the most horrible death, as much as I fear dying with a blemish on my character, or for the world to disgrace the religion which I profess. Will you promise this?" he asked publicly.

Their Captain answered immediately (i.e., Dunn; he and his army had come from MacDonough County and were totally ignorant before this of Joseph Smith), "If this is the Joe Smith whose evils we have heard so much about, I am completely disappointed. We have heard all lies, boys, and I know that this is a good man no matter who he is, and I (said he with a great oath) an determined to defend him until he has a fair trial though it should cost me my own life." And his whole army agreed to the same thing through "three cheers for Joe Smith," even louder than before! After this, Dunn showed a latter from Governor Ford ordering the people of Nauvoo to give up all their arms to him; and though it was a cruel and foolish request, yet the Saints obeyed and gave up quietly the only defense which they had for their lives in answer to the request of the governor, who at the request of the rioters had facilitated their murderous intentions. It is strange that the governor would do this without disarming the attackers if he was not of the same heart and mind as they!

We turned back to Nauvoo; all the arms and cannons were gathered together. And in the afternoon we set off again toward Carthage where we arrived alive by midnight, even though the mobbers had tried to kill Joseph Smith in spite of the soldiers. We took lodging at the Hamilton Hotel, and the next morning we met with Governor Ford. He promised protection and justice to the prisoners. At the wish of the armies, Captain Deming went with J. and H. Smith before them; for there were hardly any of them who had ever seen them before, nor did they know anything about them except for the stories of the rioters. Because they considered that too much respect for the prisoners, it caused a great tumult amidst the army of the Carthage Grays. Their leader was Captain Smith (i.e., the judge who had issued the warrant, and he along with his army were the chief rioters). At last, through being threatened with imprisonment by the rest of the armies, the Carthage Grays calmed down.

In the afternoon an inquiry was held in the Hamilton Hotel, for it was too dangerous for the prisoners to appear in the courthouse. Because of the rage of the rioters, they chose to post bail for their appearance in the quarter session rather than go to the inquiry. Bail was posted and the City Council was allowed to return home; but the blood thirsty traitors had prepared another jail for J. and H. Smith by putting two of their number, by the names of H.O. Norton and A. Spencer (because of the latter there was the aforementioned tumult at the courthouse), to swear a warrant against them for treason against the state. At this the sheriff wished to transfer them to prison immediately, without an inquiry or anything; but the tumult along the streets was such that they refused to go without an escort to defend them.

And after dark the Carthage Gray came to the hotel and defended them as far as the jail in the midst of threats, oaths and swearing. The prisoners asked some of us to follow them to the jail "in order have our company," they said; but we knew before then that it was so that we could be proven witnesses of their words, their comportment and their character. To death we would follow them, and I am grateful for having such an honor. Woe unto us except we surely make the proper use of it.

We were all locked together in a dungeon which was about ten feet square; and there we spent the first night of our imprisonment in pleasant conversation about "the secret of godliness"; and such happiness possessed them when they foretold that both of them were about to finish their race and go to their joy. I had never seen them so cheerful and so heavenly minded, nor had I ever before thought that Carthage Jail was the gate of paradise.

The next morning we were all moved to an upstairs room of the jailer's house, to which the stairs led from the front door; this upper room had a very poor door without a lock or even a latch that would shut; it also had three large windows through which whoever wanted could shoot to every corner of the room through one or the other of them. We understood that the excitement among the mobs was because they had thrown the men into without any kind of inquiry, even though the judge had committed perjury by signing on their mittimus that there would be; and so they could not get out of jail whenever they wanted without the permission of the jailer. The latter, on seeing that they were eager to kill the prisoners and that many were hiding in the hummocks with their rifles ready to shoot as soon as they came out of the door, denied them permission.

Again and again the sheriff came to request them under the guise of going to the courthouse for trial, and the jailer refused to let them out unless one or two of the leaders of the mob could be obtained to walk arm in arm with the prisoners, for he considered that a stronger escort than the Carthage Grays and the lot; and like this they went about half a mile to the courthouse amidst such shouts and threats of the drunks, and curses of some who thirsted after their blood, until we imagined that it was not unlike that cruel scene on Calvary, and we heard words quite similar to those which were tauntingly said there, such as, "Now, old Joe (some said in his face), if you are a prophet, how did you come to the jail like this?" Another answered, "Oh, if Joe were a prophet, he would soon call for a legion of angels, and we would all be killed, and he would escape." Yes, some foolish observations like these filled his ears along the way to the courthouse where their professed enemy was again sitting in judgment on them, and his hostile partners were witnesses and lawyers against them. Only by earnest pleading by the prisoners' lawyers, i.e., Mr. Reid from Fort Madison and Mr. Woods from Burlington, was a postponement of the trial for the next day obtained, so that the witnesses who lived twenty miles away could be brought there. At last this was granted and the prisoners were taken back to the jail.

The magistrate refrained from signing the subpoenas to examine the witnesses for the defense, although he knew that no one else there could do that, until he thought that is was too late. the jail was watched by eight or ten of Captain Dunn's escort, and these were the least prejudiced of any; and due to the efforts of the prisoners and the rest of us in preaching to them, they believed our testimony to the point of confessing that the accusations made by the mobbers were lies for the purpose of getting revenge on J. Smith. Not infrequently they were heard persuading this one and that one to return to their homes and not to join with the mobs to persecute any further. After that, other guards came to whom we would preach the same way. Occasionally, some of them would be so vengeful they would not allow Joseph Smith to speak, while at the same time they would listen to the others.

About twelve o'clock that night we lay down in the following way to sleep: Hyrum Smith and Dr. Willard Richards in the bed; Joseph Smith on one side of me and John Taylor on the other; Colonel Markham and another brother next to him were lying on the mattresses on the floor; and that is all there were of us. We expected nothing less than an attack on us nearly every hour; in spite of that the only defense that we could make was to put a chair against the door in such a way that it would fall if the door were opened. I had not fallen into a deep sleep when I heard the sound of heavy footsteps of an army coming toward us. I got up and spied through the window where by the light of the stars I saw soldiery at the door! I observed what they said; but they were whispering so secretively that I could understand hardly anything but this: "How many shall go in?" When I heard that, I awoke by brethren; but there was no need to tell them why, for the sound of the feet rushing up to our door signified that it was time to beware. We stood by the door to attack the first to open it, and we clearly heard them breathing on the other side. There was tomblike silence for a minute or two, awaiting a shower of bullets perhaps in our midst; and then J. Smith asked bravely and loudly who was there and what did they want? He invited them in as we were ready to receive them, and it made no difference to him whether he died at that time or at daylight, etc. At that they stole down quietly; and from then to daylight they consulted near our windows what they would do. At times they decided to rush in on us, but before reaching the door, perhaps the other party would hold them back; and thus they continued until the assassin's terror, the morning light, scattered all of them except for about eight of the Carthage Grays who stayed there as guards.

In the morning I went at the request of J. Smith to the lower door to inquire what was the purpose of the confusion in the sergeant of the guards, who answered me with horrible curses, saying that the prisoners would never come our alive, that I would see before night that he was a better prophet than Joe Smith, and that I was not a bit better than, nor was anyone else who supported him. At this, I reminded the gentleman who and what he was, that Governor Ford under the oath of the state had promised protection to the prisoners and had put their lives in his hands, and that I would inform the governor of his threats, all of which infuriated him greatly. I went to the Hamilton Hotel and revealed the whole thing before Governor Ford; I reminded him of his promise to defend the prisoners and requested that he put some others to guard them in place of the Carthage Gray, who were thirsting after their blood. But all was in vain; he suggested that there was no danger at all. After that, I went into the midst of the large crowd of mobbers and heard their publicly proclaimed decision to make a sham discharge until Governor Ford left, after which they would return. They were determined to kill "Joe Smith" even if they had to tear down the jail.

After hearing such a verdict being sealed on the innocent with three cheers from the crowd, I returned and related everything to Governor Ford; but yet he did not consider it worth his attention! I went hurriedly to inform the prisoners things, but the guard did not let me back in. The prisoners earnestly beseeched them to let me in, saying that the governor had granted permission for that (which he had promised when he visited the jail the day before); but all was in vain. For the third time I returned to the governor describing their danger and requested a pass from him to re-enter; he refused this also, even though I followed after him until he was on his horse to start with the escort toward Nauvoo; but he did order Captain Deming to give me a pass for Willard Richards as a scribe to the prisoners and to no one else.

The governor went away at about eleven o'clock, leaving eight of the Carthage Grays to guard the jail and about sixty others in the town to guard the area with them. And after that their purposes become clear; the people would come back to the town in hosts booing and threatening, and not only threatening but preparing for the bloody slaughter. I was the only Mormon in their midst and great were their threats toward me; they gathered around me in crowds, and they would frequently throw a rock at me because I dared to defend the prisoners and dared them to allow them to have a trial next day by the law of their country according to the right of every man; and I reproached them that the prisoners had surrendered to them on promise of that, and they were now in their possession, and if they could prove them guilty I would agree with their verdict with all my heart, etc.

While I was pleading like this, one of their chief leaders admitted they could not be proven guilty and the law of the land could not reach them, "but power and balls will." At that, one of the guards came to inform me that Joe Smith was asking for me. Even though the guards did not allow me to go into the jail nor for J. Smith to come out, yet they permitted Willard Richards to come, to whom I informed everything which I understood of the designs of the mobs to kill them before nightfall. He told me that I was in more danger outside, and he placed a letter in my hand with the request of Joseph Smith that I take it to Quincy (about sixty miles away) and return as soon as I could.

News of the letter went throughout the mob like the wings of the breeze, and some claimed that it was orders for the Nauvoo Legion to come there to save the prisoners, and others claimed some other things. When I was requesting my horse to be readied, some swore that I would not go from there alive if I did not give the letter to them; but they could not agree about this, which was just as well for me, for I was determined to die rather than release it from my hand. Then they divided into two or three groups: one group wanted to chase me from there immediately, letter and all; another group threatened that I would not reach Nauvoo alive, and at that I saw several of them with rifles in their hands run across the fields to the nearby woods through which the road to Nauvoo passed. Although I understood their purpose, yet I did not see how I could be delivered; but some way would come, I doubted not a bit.

While they were quarrelling amongst themselves, my horse was readied nearby, and I saw my chance. And it was no time after I reached the saddle before the horse and I were out of their sight in the midst of a cloud of dust with bullets whistling through the air everywhere except where they were aiming. Before I had time to think about the road before me, with which I was almost totally unacquainted, I found myself in the prairie galloping toward Warsaw instead of on the road to Nauvoo. I understood my mistake after having a look at the countryside around me, and I crossed the prairies to the right road. After that I understood that by the horse's mistake my life had been saved from those who were watching for me in the woods; and also on the other side I understood that I had been between two fires, for if I had gone a mile further without turning from the Warsaw road I would have no doubt been killed by about three hundred of the most cruel of all the mobocrats who were coming along the road to Carthage and who killed the prisoners no more than two hours after that!

But I proceeded forth, passing Governor Ford and his escort, and I reached Nauvoo before the setting of the sun. There I waited for a steamboat to go toward Quincy. While I was waiting at Nauvoo, the governor arrived, and I heard his address to a large crowd of people. Its contents were not directed to or worthy of anyone except the rioters. He told with relish the baseless tales of the mobs, as if he believed them to be true, and then he said within hearing of the wives, children, and dear friends of those godly men, who were being assassinated at that very moment, and he threatened aloud, "A severe atonement must be made." The officials of the governor were heard urging him to hasten from there, assuring him that the deed (that is, the assassination) was sure of having been accomplished by then, and that is the reason he and his soldiers hurried from Nauvoo as soon as they could instead of staying until the next day as he had promised to do. It is unlikely that there was so much sadness in any city in the world as there was reigning over Nauvoo at that time. Any messenger who might come was awaited eagerly, and yet dreaded lest they hear that which they feared so much: but no messenger at all returned that night from Carthage.

About midnight at a steamboat came down the river, and I went on board toward Quincy (forty miles from there) and before daylight the boat called at Warsaw on its way, and great was the tumult which was there! It was announced with great delight to the passengers on the boat that "Joe and his brother, Hyrum, had been killed at Carthage Jail." Oh, how sweet was this news to their chops! That old "Sharp" again had already published an extra with great haste accusing the Mormons of having gone to Carthage to save the prisoners and that the guards in carrying out their duty had shot J. and H. Smith lest they escape, when in fact, I was the last Mormon to have been in Carthage and had been driven out as if at bayonet point! Yes, when in fact it was that very man, Sharp, who was leading those who killed the prisoners, boasting "that he had put one bullet through old Joe." And when his fingers were still dripping with innocent blood he proclaimed to the world that it was the Saints who had done it and invited all from everywhere to gather to defend Warsaw, that the Mormons had burned Carthage to ashes and killed its inhabitants, Governor Ford and all, and that they expected them to burn Warsaw at any minute! Yes, he published this in his paper and sent messengers to the other countries to call the militia to defend them when in fact he knew that he was in no danger whatsoever from the Saints.

And when I was there I heard his party admit and praise the cunningness of Sharp's trick to get people there; and that their objective was to "attack the city of Nauvoo and kill or expel the 'd-m-d Mormons.'" This false story about the massacre of J. and H. Smith flew across the world, and we do not think that the truth had even yet been determined. An example in that of all the publications of that man, Sharp, and his party against the Saints. I was so impulsive as to contradict them on the bank from what I knew, and had the boat not been alongside to jump onto they would have killed me for what I said. After reaching Quincy I saw that the messengers of Sharp had arrived and had stirred up the entire city to the point that they were expecting the Mormons to come there and kill them too, and the militia was hurriedly preparing to go to save Warsaw, as they supposed.

When I got the opportunity with the people together, I opposed those lying messengers to their faces, and then the people saw that they were not in danger and that not one of the Mormons had even lifted his hand against any one of them and had no such intention. Then everyone returned to his business, and I went with the other steamboat toward Nauvoo, where I arrived by eight o'clock the next morning.

Oh, the sorrowful scene to be seen in Nauvoo that day! There has never been nor will there ever be anything like it; everyone sad along the street, all the shops closed and every business forgotten. Onward I quickened my pace until I reached the house of the late Joseph Smith. I pushed my way through the sorrowful crowd until I reached the room where his body and that of his brother had been placed (for they had been brought from Carthage the previous day). There they lay in their coffins side by side, majestic men as they suffered side by side from prison for years, and they labored together, shoulder to shoulder, to build the kingdom of Immanuel; eternal love bound them steadfastly to each other and to their God until death; and now, my eyes beheld the blood of the two godly martyrs mingling in one pool in the middle of the floor, their elderly mother, godly and sorrowful, on her knees in the midst of the blood between the two, a hand on each one of her sons who lay in gore, her heart nearly broken by the excruciating agony and the indescribable grief. At the head of the deceased sat the dear wife of each one and around their father stood four of Joseph's little children and six of Hyrum's children crying out intermittently, "My dear father." "And my dear father, too," another would say, with no reply except the echo from the walls, "Oh, my father." And from the hearts of the mothers, "My husband killed," and the grey-haired mother groaning pitifully, "Oh, my sons, my sons."

Each in his turn, the thousands made their way forward, sad and desirous of having the last look at their dear brethren whose solemn counsels and heavenly teachings had been music in their ears, lighting their paths and bringing joy to their hearts on numerous occasions. On the streets around it was almost the stillness of the grave which reigned, but all, the noble as well as the humble, with crystal tears streaming down their cheeks. Even the sun and the elements had stilled as if in surprise, and all nature looked at the unended madness of man toward some of the best on the earth in any age or part of it. I shall ever remember my feelings at the time. Now I saw the two wisest and most virtuous men on the earth without any doubt, whom I had seen just awhile before preaching tenderly from between the iron bars of their jail the gospel of peace to those who wanted to kill them; the two stood like two reeds in the midst of the storm as witnesses of Jesus, despite the jealous fury of the press, of the pulpits, and of the mobs of the age; and just like the reed they straightened up their heads after every breeze and scorned worldly profit and fame; steadfast they clung to their objective until they had finished their work; and like their elder brother and their Leader before them they did not love their lives unto death, nor did they refuse to face knowingly the slaughter; rather they leaped onto the bloody altar which they saw waiting for them in Carthage" so they could have a better resurrection." But what pen can describe that scene and the feelings of thousands of mourners? The only comfort that kept them from sinking under the oppression and the loss was knowing that a day of swift reckoning would come also before long and that he who has the correct scales in his hand perceives the whole and will . . . But I restrain myself. It is easier for the reader to imagine this scene than it is for me to portray it and its results.

The two were buried secretly by one another's side, for there was a reward of several thousand dollars already offered by their enemies for their heads!

Dan Jones to Thomas Bullock, 20 January 1855. https://byustudies.byu.edu/content/martyrdom-joseph-smith-and-his-brother-hyrum-dan-jones

Monday 24th--Eventfull day! found hundreds gathered before the Mansion House early in the morning:--in their midst with head erect towering above the rest the Prophet stood gazing alternately on the devoted City and its much loved citizens; in suspense he listened to the entreaties of the throng, not to give himself up or he would be murdered; a few, tho' enough, brave hearted men proposed to escort him where he would find the protection denied him by the "Christians" among the red "pagans" of the West:--others, up north would have him go, while a fearless Tar, inured to other climes, whose heart was a Malstrom of fury, proffered him a safe passage on a Steam Boat, then ready by, to whither he would; a smile of approbation lit up the Seer's countenance,--his lively boys hanging on to his skirts urged on the suite and cryed "Father, O Father don't go to Carthage they will kill you."--a volley of arguments more powerfull yet from the streaming eyes of her he loved best, and whose embrace was hard to sever; nor least impressive were the pleadings of his doting Mother whose grey ringlets honored a head weather-beaten by the persecutions of near twice ten years, "My Son, my Son, can you leave me without promising to return? Some forty times before have I seen you from me dragged, but never before without saying you would return; what say you now my Son? He stood erect like a beacon among roaring breakers--his gigantic mind grasping still higher; the fire flashed in his eye; with hand uplifted on high he spoke "My friends, nay dearer still my brethren, I love you, I love the City of Nauvoo too well to save my life at your expense,--if I go not to them they will come and act out the horrid Missouri scenes in Nauvoo;--I may prevent it, I fear not death, my work is well nigh done, keep the faith and I will die for Nauvoo. So said the Prophet as he mounted his steed, and together with his brother Hyrum and some 30 or 40 more who chose to follow, they ascended the hill; when near the sacred spot--the Temple, he paused, he looked with admiration first on that, then on the City ere it receded from view in the flats below and remarked, this is the loveliest place and the best people under the heavens, little do they know the trials that await them. While on the prairie we met some messengers previously sent to Carthage who had but just been liberated from prison. When within 4 miles of Carthage we met a company of horseman commanded by Captain Dunn; when they hove in sight Mr. Smith halted his "major" (steed) in the midst of the road and said "brethren you have come far enough; do notfurther expose your lives, stand aloof, let all their vengeance be wreaked upon my head, I am going like a lamb to the slaughter with a conscience void of offence. At this time Mr. Wood, his Counsell, rode in front of the Company to know their intentions and soon returned with an order from the Governor for all the State arms which were Nauvoo. When signal of acceptance was given they advanced and Mr. Smith addressed them after endorsing the order, declaring his innocence of the charges preferred against him and demanded of them as an American Citizen to defend his life until he should have an investigation, to which Capt. Dunn reply'd that he would protect him at the risk of his own life, then turning to his men asked "What say you, boys, will you stand by me to see Mr. Smith have justice?" The response was by three cheers; and we all returned to Nauvoo, got all the arms, and in the evening the Company returned and arrived at Carthage late at night failing to get a horse I remained in the City.

25th-Documents of importance for the trial being in Mrs. Smith's possession, by request I took them out to Carthage and arrived during the trial of Mr. Smith and the City Council and in time to give in my evidence, which was admitted to be not the least important in their favour. There I heard Wilson Law, in endeavoring to get a warrant against Mr. Smith for Treason, declare that in preaching from Daniel II, 44, Smith had said that the kingdom referred to therein was already set up, and that he (Mr. Smith) was the King over it! Wonder if Daniel himself was not most treasonable for predicting it? The defendants having given bail to appear at the quarter sessions were released and returned to Nauvoo; but before Mr. Smith could leave I went down stairs in Hamiltons Hotel where I overheard the leaders of the mob say that they did not expect to prove anything against him, but that they had eighteen accusations against him, and that as one failed they would try another to detail him there. One of them, by the name of Jackson, reply'd when I told them to desist from their cruel persecutions that they had worked too hard to get old Joe to Carthage to let him get out of it alive, and pointing to his pistols said, "The balls are in there that will decide his case." I repaired upstairs and informed Mr. Smith what threats I had heard, when he informed me "They are going to take me to prison without a guard; you will not leave me will you?" to which I reply'd that I had come to die with him the rather. He took me aside into the front room and asked "Have you anything with you?" One little bulldog I reply'd, and this switch, pointing to a black hickory club in my hand, the which parryed the rifles of the assassins in prison by Mr. Taylor. Let me have the first said he, which was no sooner said than safely deposited where I wished a dozen more to be. Now the rush of heavy treads up the stairs drew out attention and the stentorian voice of an officer demanding the prisoners, when Dr. Willard Richards met him in the door which was actually too narrow for any but himself to pass. Mr. Reid, their Counsell, also Mr. Taylor, Hyrum Smith, Judge Phelps, Col. Markam and all remonstrated against such an unnecessary exposition of the defendant lives until they desisted. It was then that Justice Smith made out a mittimus, and the "Carthage Grays" escorted them to prison. Being dark, Mr. Smith asked me to get inside somehow, and Col. Markam on one side, with a hickory club, while I was on the other, outside the guard, I parry'd off the guns and bayonets of the drunken rabble who tried to break the ranks to stab them; the prison doors being open before a light was produced I rushed between the guard and the door and forced my way into the farthest cells unhindered, followed by the defendants and the above named, except Judge Phelps, who remained (I think) at Hamiltons; Mr. Reid also, but some few other bretheren were with us with whom I was not personally acquainted until then; but it will be a long time ere I forget

The first night in Carthage cells with the Prophet and the Patriarch!

Amusing conversation on various interesting topics engaged us till late; after prayer, which made Carthage prison into the gate of heaven for awhile, we lay promiscuously on the floor, the last words spoken were, by the Prophet,--"For the most intelligent dream tonight bretheren;" and the first words spoken next morning were by him also enquiring for the same. None, save one were told which was listened to by all as follows--"Portrayed before my mind was Gov. Ford and troops on their way across the prairie to Nauvoo, the prisoners had plead in vain to return with him, although promised by him to go; with a letter of importance I saw myself driven from Carthage, galloping through the masses of medley soldiers, half Indians and semi barbarians, I hurried across the prairie, had gone downon a boat from Nauvoo towards Quincy, but landed at Warsaw awoke, in midst of powder, smoke, death, and carnage." The Prophet reply'd it was ominous of future events not did he believe the Governor would ever take him to Nauvoo alive.

After breakfast we were removed to an upstairs room the entrance to which was up a flight of stairs from the front prison door, which was guarded by soldiers, by alternate four hours; the door was of pine, common batton, without bolts, lock, or even a latch that would shut; on the south side were two large windows, and one on the East, a tier of cells lead from the North, while the entrance was at the N. West corner. Its furniture consisted of a bedstead, chair or two, and some mattresses.

During the forenoon we were visited by Judge Phelps, J.P .Green, J.S. Fullmore, and C. H. Wheelock, the last I think brought a revolver in his boot, and left it with the prisoners when he retired; most of my forenoon's work consisted in hewing, with my penknife, a wharped door to get it on the latch, and in preparing to fortify against a night attack, in which Col. Markam was also industrious. The Prophet appeared extremely anxious by his injunction to the messengers who left for Nauvoo, among whom were Dr. Brenhisel, I think, to send out testimonies to exonerate his brother Hyrum. A portion of us were alternately preaching to the guards, at which the Prophet, Patriarch and all took turns and several were relieved before their time was out because they admitted they were proselyted to the belief of the innocency of the prisoners, which rendered them incompetent of guarding! Frequently they admitted they had been imposed upon by the tales of the mobs, and more than once was it heard "Let us go home boys for I will not fight against these men." Hyrum showed an ardent devotion to the Prophet, every way encourageing him to believe that the Lord for His Church's sake would release him to their service, while Joseph reply'd, "Could my brother Hyrum be but liberated it would not matter so much about me; poor Rigdon, I am glad he has gone to Pittsburgh out of the way, were he to preside, in less than five years he would lead the Church to destruction." He entertained us much by the recital of two dreams the which he had received not long before, one in which he saw himself pitched into a dry well by Wm. and Wilson Law who had previously tied his hands behind him; while struggling to get up and near the top he discovered Wilson tackled by a ferocious wild beast in an adjoining wood, crying for his help while nearer to him still was William with outstretched tongue; blue in the face, and the green poison forced out of his mouth by the coiling of a huge serpent around his body, relaxing its embrace occasionally and thereby enabling him to cry aloud "Oh brother Joseph come and save me or I die." To which he reply'd as he had done to a similiar request from his brother Wilson, "I cannot, for you have tied my hands behind me." Ere long however his guide finding him there released and comforted the Prophet while the others met the just retribution of their demerit.

Another time he had seen himself on a lee shore in a heavy storm saving a ship from wrecking by wadeing through the foaming surf and leading her out to the open sea; again the reckless mariners on board rushed into dangerous breakers in despite of his commands from on shore to them to beat off to sea. Again he stemmed the raging seas, now and anon overwhelmed in the foam, with a mighty effort he sprang to the surface, the raging elements hushed at his command, and as on a sea of glass he marched with the patriarch by his side until in the offing he recognized his brother Samuel, light as a fairy, skipping o'er the main;--but the sequel forgotten by me may be remembered by others; the interpretation he gave, I believe, was the stranding of the great ship "Uncle Sam" owing to rejecting a safe Pilot. Their walking on the tranquil ocean donated their triumphs beyond the vail, Samuel's sudden exit after his bretheren solves the only mystery which the Prophet did not unravel, but sure it is that he gave frequent intimations that he would soon gain his liberty, and soar on high beyond the "rage of mobs and angry strife."

Governor Ford and the prisoners Counsell visited them, and at the close of a lengthy appeal from the Prophet, in which he denied the charges preferred against him, and plead for the protection of his life from mob violence until he could prove himself so, which appeared to make but little impression upon His Excellency beyond a verbal promise that he should have justice, and that his friends present, agreeably to his request should visit him, His Excellency promised to take them with him to Nauvoo, which promise he afterwards recalled through fear of the mobs. Dr. Richards was busily engaged writing as dictated by the Prophet. Elder Taylor amused him by singing &c.

About the middle of the afternoon the Sheriff came to take the prisoners to the Courthouse to be tried, Followed by drunken mobs armed and threatening; an altercation ensued between him and the Prison Keeper, because, as was proved by the mittimus to the latter that the prisoners having been placed with him for "safe keeping," were not under the jurisdiction of the former; whereupon the former rushed upstairs and threatened to enforce obedience had not the latter ordered him off his premises until he produced authority to enter. The bretheren named remonstrated with the parties to await the decision of the Counsel who were not present but sent for. In the meantime Mr. Smith seeing the mob gathering and assuming a threatening aspect concluded it best to go with them then, and putting on his hat, followed by allowed by all of us, walked boldly into their midst, politely locked arms with the worst mobocrat he could see, whereas Hyrum paterned after him by clenching the next worse one, followed by Elders Richards and Taylor escorted by a guard, but the mobocrats side was the best protection from the levelled rifles of the surrounding bush hiders, Col. Markam on one side, myself on the other, with our "switchers" parry'd off the crowding rabble, and after ascending no the Court House much exertion was made by the mob to proceed forthwith with trial without letting the defendant have their witnesses, and as soon as they were overruled, and the trial postponed until next day, the only Justice in the place, the Smith before spoken of, who could grant subpeonas for witnesses, absconded until a late hour, as it purposely to prevent the appearing of the defendants witnesses, and in keeping with the conviction expressed by them the previous day "That the law cannot touch him, but that powder and ball will." In the evening they were again escorted to the prison amidst the whooping, hallooing and denunciations of enfuriated thousands; while some tauntingly upbraided him for not calling a legion of angels to release him, and to destroy his enemies, inasmuch as he pretended to have a miraculous power; others asked him to prophesy when and what manner of death awaited him, professing themselves to know all about it; in fact one was forcibly reminded of the taunting and jeering of the Jews to our holy and meek Redeemer, so similar did their words and actions prove their spirits to be.

During the evening the Patriarch read and commented upon copious extracts from the Book of Mormon, the imprisonments and deliverance of the servants of God for the Gospels sake; Joseph bore a powerful testimony to the guards of the divine authenticity of the Book of Mormon--the restoration of the Gospel, the administration of angels, and that the Kingdom of God was again upon the Earth, for the sake of which he was at that time incarcerated in that prison, and not because he had violated any law of God or of man.

Late, we retired to rest, Joseph and Hyrum on the only bedstead while 4 or 5 lay side by side on mattresses on the floor, Dr. Richards sitting up writing until his last candle left him in the dark; the report of a gun, fired close by, caused Joseph whose head was by a window, to arise, leave the bed and lay himself by my side in close embrace; soon after Dr. Richards retired to the bed and while I thought all but myself and heaven asleep, Joseph asked in a whisper of I was afraid to die. "Has that time come think you? Engaged in such a cause I do not think that death would have many terrors," I replied. "You will see Wales and fulfill the mission appointed you ere you die" he said. I believed his word and relied upon it through trying scenes which followed. All the conversation evinced a presentiment of an approaching crisis. At midnight I was awoke by heavy treads as of soldiery close by, and I heard a whispering "Who, and how many shall go in?" under our window; upon arising I saw a large number of men in front of the prison, and gave the alarm as they rushed up stairs to our room door; we had taken the precaution to fortify ourselves by placing a chair, the only defence, against the door, which one of the brethren seized for a weapon, and we stood by the door awaiting their entrance; hearing us they hesitated; when the Prophet with a "Prophets voice" called out" Come on ye assassins we are ready for you, and would as willing die now as at daylight." Hearing this they retired again, and consulted, advanced and retreated alternately, evidently failing to agree, until the assassins terror--the morning light, chased the murderers with their kindred fiends and the darkness to the abodes where the reveller in crime was the hero of the day.

Early in the morning of the 27th June, eventful day! A day ever to be remembered! The Prophet requested me to descend and interrogate the guard as to the cause of the intrusion upon us in the night, in doing which I was replied by the sergeant, whose name was Worrell, I think, of the Carthage Grays, in a very better spirit that "We have had too much trouble to bring old Joe here to let him ever escape out alive, and unless you want to die with him you better leave before sundown, and you are not a d-n bit better than him for taking his part." I endeavored to cool him down and to recall those threats which so ill became those who were entrusted with the lives of men, but he insisted the more "You'll see that I can prophesy better than old Joe that neither he nor his brother nor anyone who will remain with them will see the sun set today." With such threats did the Sergeant, in presence of his men, declaim against the prisoners: and one of them levelled and cocked his rifle at me, swearing with an awfull imprecation how he "would love to bore a hole through old Joe." Joseph and Hyrum were all this time listening unobservedly at the head of the stairs to all that was said, and on my return desired me to go and inform Governor Ford of all that I had heard.

While going to his Excellency's quarters I saw an assemblage of people and met Col. Markham who was out of the gaol before me; I listened to what they had to say and beheld one of the mobocrats addressing the crowd saying hat they would make a sham discharge in obedience to orders, but that the Gov. and MacDonough troops would leave for Nauvoo in the forenoon, "Then we will return to town boys and tear that prison down and have those two men's lives before sundown," which declaration was not uttered in a whisper nor in a corner, but at the top of his voice, which echoed in the walls of the Town Hall and public square, and which was responded to by the loud three cheers of the crowd as eagerly as [crease has worn away the words] another barrel of whiskey was called into their midst to the eternal disgrace of the name of sectarianism be it remarked. Accompanied by, whether Col. Markam, J.P. Green or J.S. Fullmore or who I do not remember, I went to His Excellency's apartment in Hamilton's Hotel, where I found several Officers with him in conversation; in their presence I informed him of the threats made against the lives of the prisoners, offering to produce further proof if necessary; to which he at length reply'd "You are unnecessarily alarmed for your friends safety Sir, the people are not that cruel." Irritated by such a remark I urged the necessity of placing better men than professed assassins to guard them; that they were American Citizens surrendered to his "pledged honour"; that they were also Master Masons, and as such I demanded the protection of their lives; when this appeal failed to reach his adamantine heart, whose face appeared to be pale with fright or horror, I remarked that I had then but one request to make if he left their lives in the hands of those men to be sacrificed. "What is that sir?" he asked in a hurried tone. "It is that the Almighty will preserve my life to a proper time and place to testify that you have been timely warned of their danger." All this produced no other visible effect than to turn him round and stroll to the other end of the room. I returned to the prison, and sought to enter, but would not be let in by the guard. I again returned to the Hotel when his Excellency was standing in front of the Mac Donough troops in line, ready to escort him to Nauvoo, the disbanded mob, retiring to their rear at the time, shouted loud in his hearing that they were going only a short distance out of town and would return and hang old Joe and Hyrum as soon as the Governor would be gone out of the way. I begged to call his attention there and then to their own threats which he could hardly fail to hear as well as myself [creased and worn line] for myself and friends to be in prison according to his promise to the prisoners when he declined giving any, but told Col. Demming to give me one to take to Dr. Richards the secretary, by obtaining which I was near being massacred, and was told by Chauncey Higbee on the street that they "were determined to kill Joe and Hyrum and that I had better go away to save myself." I was then alone in the midst of the turbulent mob with whom I contended for the innocency of the prisoners, and for their right of trial, until enraged, they attempted to seize me, but I eluded their grasp. Meeting Mr. A.W. Babbit in the street I informed him that Mr. Smith wished to see him, whither he went with me; he was admitted as Counsel. I tried to get in by means of Dr. Richards' pass, in my hand, but in vain; Joseph, Hyrum,--all endeavoured to get me in but failed; I however informed Dr. Richards who was allowed to come outside, of the threats of the mobs, who reply'd that they deemed my life in imminent danger in the midst of the mob. I was handed a letter from Mr. Smith, with a request to take it to Mr. Browning of Quincy forthwith; the guard aware of the letter informed the mob "that Joe had sent orders to raise the Nauvoo Legion to rescue him," drew the mob around me, and they demanded the letter, which I utterly refused to give up to them; when some would take it by force others objected; the mob disagreed among themselves while some said I should not leave the place alive, others swore that I should not stay longer there; at this the former party said if I left then I should not reach Nauvoo alive, and about a dozen started off with in hand to waylay me where the road runs through the woods. Having previously ordered my horse which was already in the street, I took advantage of their disagreement and no sooner in the saddle than both spurs were to work, and a racehorse and rider were enveloped in a cloud of dust with balls whistling nor saw the second scene until beyond the point of timber stretching into the prairie half a mile; to my right I discovered the road to Nauvoo, and the Gov. and escort about 4 miles off having dined there; proving that I was on the Carthage road, my horse having like myself, lost the waylaid road leading through the woods, and thereby escaped those awaiting me there. I turned across the plain to the order road, and passed the Governor, whereas, as was ascertained afterwards, had I advanced half a mile farther on the Carthage road, I should have come upon a gang of about 300 painted assassins who were then beyond a prairie ridge on that road waiting the disappearing of His Excellency in order to march upon the prison and execute the horrid threats. Thus I was providentially led as if between two fires unharmed. While tediously traversing the sea of grass which separated Nauvoo from Carthage, tho' under all the pressure my craft could carry, my dream in the prison came fresh to view, and this for the fulfillment of it;--the letter actually in my possession,--the troops in full view, myself going to Quincy filled my soul with ominous forebodings of the sequel, so that having left the troops far behind, arriving in the edge of the City I entreated of the crowds who had assembled to meet His Excellency to haste to Carthage and save the Prophet's life--the only alternative. But wiser ones, perhaps, had otherwise decreed, and I with thousands more had the mortification of seeing, formally, greeted within the mourning "City of Joseph" the "Pilate" that should have changed places and doom; had the untold disgrace I say of listening to a man stuck up in front of the Prophet's house, and harrangueing an innocent and inoffensive people with the insinuations applicable only to his own party; anything less than the superhuman endurance of those saints would have been tantalized to retaliate, when in presence of the wives, children, and friends of his victims he declared that "a great crime had been done by placing the City under Martial Law, [which was done only so far as self preservation from the mobs was demanding,] and a sever atonement must be made; so prepare your minds for the emergency." So awful a threat proceeding from the lips of the highest functionary of a State, while the victims had surrendered themselves as pledges of his "honour", drew from bursting hearts of many bystanders a half stifled shriek of horror as it echoed in the walls of the Prophet's house and drew louder shrieks from his wife and mother who later sank into her chair crying "My sons O my sons' lives are means to make the atonement." Even the obdurate spirit of the speaker felt the shock; and appeared to quiver from the effects of his own denunciations, from which he could not recoil. But I forbear to advert to that memorable oration! After which he and his escort were entertained at the Mansion House, and while sitting at the Prophet's table the hands of the assassins were dripping with his blood, and His Excellency might have said "A severe atonement has been made," as doubtless the Prophet and Patriarch were weltering in their own atoneing blood while their doom was being proclaimed to their families and friends.

Late that night I boarded a steamer bound to St. Louis, and landed at Warsaw after midnight, seeing a great excitement on the landing I stepped among them when I heard a mobocrat stating that "Joe and Hyrum were both shot while trying to escape from prison,"--He said that they had sent messengers to Quincy and the lower Counties to raise the Militia to defend Warsaw against an attack from the Mormons: but that "their real object was, when they got them there, to take the beauty and booty of Nauvoo." One, in order to stimulate the others, said, "I know where a chest full of gold is hid in old Joe's cellar." The general feeling manifested there was of rejoicing at the crime committed, and of exulting in the horrid act shedding innocent blood, which reminded me of the sequel of my dream; altho' I hoped against hope that they boasted of their desires, rather than of overt acts. Then I got hold of a "Warsaw signal Extra," a slit of paper a little larger than my hand, was just issued, containing nothing but the news of the massacre; commencing by putting the letter J for Joe upside down; it stated "that the Mormons attacked the prison;--that the guards were compelled to shoot the prisoners in defense of their own lives, and to prevent their escape;--that three of the Citizens of Hancock were shot by Joe;-- the Mormons have killed Governor Ford--and suite, burned Carthage; and we look for them to attack Warsaw every hour; will not the inhabitants of the surrounding Country rush to our defence before we, our wives and children will be massacreed." In order to dupe the public to believe this tissue of falsehood, without even a shadow of truth in one statement of it, to my positive knowledge, they had sent a number of women and children in their night clothes on a previous down Steamer to Quincy, merely to raise their sympathy in their favour, even when the mob acknowledged the whole as got up purposely to create alarm, and even boasted of "Tom Sharps" long headed shrewdness in the scheme, and exulted in the prospect of heralding forth that first impression on the public mind so as to justify the horrid deed; and singular as it may appear to a sane mind that the above account of the tragedy took the lead through all Newspapers through the States East, West, North & the Canadas, South & Texas, and then through Europe it went, thence around the world; and even to this day we find Clergy, Priests and Editors who either know no better, or knowing, willfully reiterate these glaring falsehoods to the ends of the Earth.

While on this passage down to Quincy 60 miles distant, I met a steamer crowded with soldiers and other passengers being the Militia first sent for by the mob to Warsaw,--the Boats neared and stopped; and to the disgrace of civilization, when the Captain of our boat reply'd to the enquiry for the news from above, "Nothing only old Joe and Hyrum are killed: "it was responded to by hearty cheers and swinging of hats by all that Boatfull of--what? As our passengers and crew had hats off to return the salute, I shouted at the top of my voice although inadvertently--"Shame Gentlemen, shame on such cruelty, will you by cheering approbate the blackest crime recognized by the law of even barbarous nations--will you as civilized men tolerate the cold-blooded murder of American Citizens, and that while laying in prison untried, while the honour of the State was pledged to protect them? Gentlemen desist, or whose lives will be safe if Republicanism is swallowed up by such a blood thirsty spirit as that? All this was spoken in much less time than writing and with other power than mine which carried shame to their faces, and paralized the arms that still clenched the hats tho' drooping by their sides, and sent them sneaking out of sight. On our arrival we saw the Carthage families in a crowd on the banks of the Mississippi as monuments of the sincerity of the blood stained crew, whose actions were admissable of the inefficiency of their testimonies to sustain their foul cause. Quincy was all in an uproar,--a crowd of Militia waiting for a steamer to take them to the scene of supposed action--the Warsaw mobs' emissaries inflaming the populace and distributing that infernal Budget of Tom Sharp the "Extra" already noticed. A meeting of the Citizens was convened in the City to which I repaired, and after listening to the death almost, to the exciting lies of the mob emmissaries of Warsaw--I jumped up and demanded a hearing--that I could prove all the statements made to be known falsehoods purposely to excite false alarm; a fuss followed "Down with him" Order, Order."--"Hear the stranger;" the "Hear" carried and on I spun my tale; as if with a voice of fearless little thunder, characteristic of truth alone; I denied that the Mormon had attacked the prison, that I was the last Mormon but one from Carthage yesterday evening--left all the Mormons peacably at Nauvoo about midnight that Gov. Ford not any of his suit were neither killed nor wounded when they left Nauvoo early in the morning--that it was palpably false about Carthage being burnt;--that the Mormons had no intention of attacking Warsaw and that neither Militia nor any other need not trouble themselves about Warsaw or go there; unless they wished to attack Nauvoo, that was the only object mob had in calling them there; and I also told them what I had heard at Warsaw--carried a strong influence, and the Chair decided "No cause of alarm, all go about your business." Soon after this a Steamer came up the river having a company of Militia on board; again my antagonist mounted the wheelhouse and preached his infuriating sermon, who, before he could put it in the amen, found another alongside of him tearing his Bwcibw by piece meals, as he had done in the Court House, to his irremediable chagrin, and swayed a similar proselyting influence, so that instead of embarking more Militia on board, those already there landed and remained there. My noble friends (the mobocrats) just alluded to, forseeing the end of their campaigne in that field, concluded to leave on that Boat for Warsaw threatening veangeance on my head. Having accomplished my mission thereto, I was about going also had not the Captain of the Boat, who was an intimate friend of mine informed me that I had better wait for another Steamer, as the mobocrats had concocted a plan to take my life if I went up with them, to revenge on me for defeating their object. I accordingly waited till evening when I started up on another Boat. While on the passage, the hostile spirit of mobocracy was rife among the passengers, which caused much dispute because I would defend the innocency of Joseph and Hyrum; only occasionally I found a truth seeking person amongst them. Before we reached Warsaw the Captain and Clerk of the Boat, who were old friends of mine Boating together, informed me that some of the mob on board intend to inform at Warsaw that I was on board, and that "the mob there will take you ashore and hang you without Judge or Jury"--I remonstrated against going on shore, because if landed on the Illinois side I must travel up through the heart of a mob country who would hunt me out like hunting a wolf; whereas if I landed on the Missouri side it would be like jumping out of the frying pan into the fire."--I could not escape them. They said that the fury of the mob was such that they would fire their cannons into the Boat, as they had done on other Boats bound for Nauvoo but they would do what they could. I told them I would risk the result with God if they would act up to my instructions which they promised to do; to the credit of Capt. Atchinson of the "Ohio" and generous Officers they did; for while the mob rushed on board as she landed crying "Where is Capt. Jones; where is he; bring him out; out with the d-d Mormon;" and while I could hear a general hallooing on shore "Bring him out, hang him up" &c., and I had crawled under a mattress alongside of which many more laid on the Cabin floor owing to the crowded state of the passengers, the Captain and Officers stood like lions in the Cabin floor keeping a drove of wolves from a pet lamb, declaring that they had landed me below the town. Turned off thus the mob returned on shore and back again only to be repelled the second time, while the mate was busily landing what freight they had for the place, the Engineer being ready to start by the sound of the bell for which I listened with breathless silence, nor dared to breath freely until the signal bell rang, and the Boat pushed off; nor did I regret to hear the mob plunge into the river splash, --splash after each other making for the shore without their prey, to the great disappointment of hundreds of blood thirsty mobs on shore, who had prepared a gallows on a tree on the bank and eagerly anticipated seeing the morning sun shine on a Mormon suspended by it. Fairly afloat--the God of my Salvation received the tribute of a grateful heart. I particularize on these scenes to illustrate the spirit prevalent amongst the mobocrats generally which seemed to sanction by their toleration the sacrifice of the lives of the Martyrs for the Gospel's sake; and altho' alone in this scene, surely I will be an incompromising witness against them.

In the forenoon I landed at the welcome shore of Nauvoo, but Oh what a scene! Never to be pictured or painted by the pencil of art! Sad as the tombs, cheerless groups mourning wend their way by closed stores and windows of former busy life towards the place where lay the bloody[cor[p]ses of the martyrs! Old, young, male and female together bewail the day--their much loved Prophet and Patriarch from their embraces by ruthless assassins were untimely torn--how can they be comforted? The Sun and the Moon of the City's moral hemisphere are untimely set behind a cheerless bank of storm clouds. The wonted buoyant atmosphere seemed impregnated with death by suffocation--nor could heaven maintain its usual smiles; its face it vailed, and commiserating wept a shower of tears to comingle with those of the Saints below. Heart rending as was the scene beggar description until within the dining room of the Mansion House, statue like I stood, and saw in their coffins on tables laid the Prophet and Patriarch! Ah yes, fond hope no longer found a place to doubt, they are they--the lips from whence flowed the words of life like rivers that quenched the thirsting souls of thousands are closed in death--those eyes, the heaven lit torches, are dim and motionless, the spirit has fled. At the head of the one, bathed in tears, was seen the wife of the Prophet with her little boys and adopted Julia--at the other no less so was the Patriarch's wife surrounded by six little children who alternately with the grey haired Mother while kneeling in a pool of the comingling dripping gore of the Martyrs on the floor, with her streaming eyes first on one, then on the other cry "My husband, my husband too." "My father in blood". "And my father is dead too," and "My son, my sons" were the pitiful murmurings of the anguished widows and orphans that echoed in the walls which as but yesterday danced at the music of the Prophet's voice. On, on in solid columns the moving throng moved steadily to and off the solemn scene to take the last long look on those they loved most dearly--like the inexhaustible current of the mighty "Father of waters" as it for ages flows to the ocean appeared the passing current of mourning friends. The holes of the bullets, the bleeding gashes of the fatal bayonet need not the finger to point them out; nor need the assembled millions[as[k] Who are they? When their "Elder Brother" from them will be distinguished by the prints of the nails in his hands and feet. But why linger o'er the horrid scene of humane fiendish conduct they are free, the Prophet and Patriarch have soared on high beyond the rage of mobs, their testimony sealed with their hearts blood when they could have escaped if they would, but heroic like demi-gods they firmly trod the road to death and glory; they boldly leaped on the scaffold with eyes open and souls unsullied--forever honoured be their memories.

John Hay, “The Mormon Prophet’s Tragedy,” Atlantic Monthly (December 1869): 669-78. (The author’s dad, Charles Hay, was a physician for the militia, as mentioned in the article.)

On the morning of the 27th June, the regiment of Colonel Levi Williams started from Warsaw, in obedience to the call of the governor to rendezvous at Golden's Point, a settlement in the vicinity of Nauvoo. They went out in high glee, fully expecting to march to the city of the Saints, and not doubting that before they left it some occasion would arise which would make it necessary to remove this standing scandal from the face of the earth. There were none but words of law and order on their lips; but every man clearly understood that Nauvoo was to be destroyed before they returned. A public meeting in Warsaw had unanimously "Resolved, that we will forthwith proceed to Nauvoo and exterminate the city and its people"; a manifesto which seemed too peppery even for the palate of Mr. Sharp, editor of the "Signal," who, when he published it, added the saving clause, "if necessary." "Of course it will be necessary," said these law-abiding militia-men as they marched out of Warsaw on the Nauvoo road.

Order reigned in Warsaw — for the men were all gone. The whole male adult population, with trifling exceptions, were in Williams's regiment. Among the captains were William N. Grover, afterwards a distinguished lawyer of St. Louis, and United States Attorney for Missouri, — an eminently respectable and conservative man; Thomas C. Sharp, editor of the "Signal," who also on this day sowed the last of his wild oats, and was afterwards principal of the public school, and greatly esteemed as county judge; Jacob C. Davis, then State senator, afterwards member of Congress from that district.

They arrived near noon at some deserted shanties, about seven miles from Warsaw, that had been built and abandoned in that flurry and collapse of internal improvements that passed over the State in 1838. There they were met by Mr. David Matthews, a well-known citizen of Warsaw, who had ridden rapidly from Carthage with an order from the governor, disbanding the regiment. The governor, fearing he could not control the inflammable material he had gathered together, had determined to scatter it again.

Colonel Williams read the governor's order. Some of the anti-Mormon warriors, blessed with robust Western appetites, looked at the sun, and concluded they could get home by dinnertime, and under the influence of this inspiring idea started off at quick step. Captain Grover soon found himself without a company. Captain Aldrich essayed a speech calling for volunteers for Carthage. "He did not make a fair start," says the chronicle, "and Sharp came up and took it off his hands." Sharp, being a spirited and impressive talker, soon had a respectable squad about him. Captain Davis, on the contrary, was sorely perplexed. It was heavy weather for him. He was a professional politician, and clearly loved both Mormon and anti-Mormon votes. He was so backward in coming forward that his company left him in disgust, and followed the fiery Grover, whose company had gone home to dinner. Davis still could not make up his mind to go home, but "got into Calvin Cole's wagon and followed the boys at a distance"; so that he had at last the luck to be in at the closing scene, and the honor to be indicted with the rest. The speeches of Grover and Sharp were rather vague; the purpose of murder does not seem to have been hinted. They protested against "being made the tools and puppets of Tommy Ford." They were going to Carthage to see the boys, and talk things over. Some of the cooler heads, such as Dr. Hay, surgeon of the regiment, denounced the proceeding and went at once back to Warsaw.

While they were waiting at the shanties, a courier came in from the Carthage Grays. It is impossible at this day to declare exactly the purport of his message. It is usually reported and believed that he brought an assurance from the officers of this company that they would be found on guard at the jail where the Smiths were confined; that they would make no real resistance, — merely enough to save appearances.

This message was not communicated to the men. They followed their leaders off on the road to Carthage, with rather vague intentions. They were annoyed at the prospect of their picnic coming so readily to a close, at losing the fun of sacking Nauvoo, at having to go home without material for a single romance. Nearly one hundred and fifty started with their captains, but they gradually dwindled in number to seventy-five. These trudged along under the fierce summer sun of the prairies towards the town where the cause of all the trouble and confusion of the last few years awaited them. They sang on the way a rude parody of a camp-meeting hymn called in the West the "Hebrew Children":—

"Where now is the Prophet Joseph?

Where now is the Prophet Joseph?

Where now is the Prophet Joseph?

Safe in the Carthage Jail!"

The farther they walked the more the idea impressed itself upon them that now was the time to finish the matter totally. The unavowed design of the leaders communicated itself magnetically to the men, until the entire. company became fused into one mass of bloodthirsty energy. By an excess of precaution, they did not go directly, into the town, but made a long detour, so as to come in by the road leading from Nauvoo.

The jail where the Smiths were confined is situated at the extreme northwestern edge of the dismal village, at the end of a long, ill-kept street whose middle is a dusty road and whose sides are gay with stramonium and dog-fennel. As the avengers came in sight of the mean-looking building that held their prey, the sleeping tiger that lurks in every human heart sprang up in theirs, and they quickened their pace to a run. There was no need of orders, — no possibility of checking them now. The guards were hustled away from the door, good-naturedly resisting until they were carefully disarmed. Their commander, Lieutenant Frank Worrell, afterwards gave this testimony on the trial, which we copy for its curious and cynical bonhomie:—

"I was one of the guards at the jail. Saw Smith when he was killed. Saw none of the defendants at the jail. Suppose there were one or two hundred there. They stayed three or four minutes. They formed in front of the jail and made a rush. Knew none that came up..... Heard nothing that was said..... Saw Smith die, — was within ten feet of him..... Perhaps a minute after he fell I saw him die..... I was pushed and shoved some fifty feet..... Did not see Sharp, Grover, or Davis. It was so crowded I could not see much. I know about one third of the men in the county, but none at the jail. I might have been some scared."

It would be difficult to imagine anything cooler than this quiet perjury to screen a murder. Yet the strangest part of this strange story is that Frank Worrell was a generous young fellow, and the men with whom he carried out the ghastly comedy of attack and resistance at the door of the prison — Sharp and Grover — were good citizens, educated and irreproachable, who still live to enjoy the respect and esteem of all who know them. There is but one force mighty enough in the world to twist such minds and consciences so fearfully awry; and that is the wild suspicion bred of civil strife. A few months of this miniature war in Hancock County had sufficed to possess many of the prominent actors with the spirit of demons; and in the mind of any anti-Mormon there was nothing more criminal in the shooting of Smith than in the slaying of a wolf or panther.

This jolly, good-natured Worrell was himself murdered by Mormon assassins not long after. He was riding with a friend. A shot was heard from a thicket. "That was a rifle!" said the friend. "Yes, and I 've got it," said Worrell, coolly. He fell from his horse and died. I have seen, as a child, his grave at Warsaw. A rude wooden head-board, bearing this legend, "He who is without enemies is unworthy of friends," — not very orthodox, but perhaps as true as most epitaphs.

While Worrell, little thinking of his tombstone, was struggling with his friendly assailants, as many as the narrow entry would hold had rushed into the open door and up the cramped little stairs. Smith and his brother had been that day removed from their cells and given comparative liberty in a large airy room on the first floor above. This afternoon they were receiving the visits of two Mormon brethren, Richards and Taylor. They heard the row at the door and the rush on the stairs, and instinctively barred their door by pressing their weight against it. The mob fired at the door. Hiram Smith fell, exclaiming, "I'm a dead man." Taylor crawled under the bed, with a bullet in the calf of his leg. Richards hid himself behind the opening door, in mortal terror. He afterwards lied terribly about the affair, saying he stood calmly in the centre of the room, warding off the bullets with a consecrated wand.

Joe Smith died bravely. He stood by the jamb of the door and fired four shots, bringing his man down every time. He shot an Irishman named Wills, who was in the affair from his congenital love of a brawl, in the arm; Gallagher, a Southerner from the Mississippi Bottom, in the face; Voorhees, a half-grown hobbledehoy from Bear Creek, in the shoulder; and another gentleman, whose name I will not mention, as he is prepared to prove an alibi, and besides stands six feet two in his moccasins.

Smith had two loaded six-barrelled revolvers in his room. How a man on trial for capital offences came to be supplied with such luxuries is a mystery that perhaps only one man could fully have solved; and as General Deming, the Jack-Mormon sheriff, died soon after, and left no explanation of the matter, investigation is effectually baffled. But the four shots which I have chronicled, and two which had no billet, exhausted one pistol, and the enemy gave Smith no time to use the other. Severely wounded as he was, he ran to the window, which was open to receive the fresh June air, and half leaped, half fell, into the jail yard below. With his last dying energies he gathered himself up, and leaned in a sitting posture against the rude stone well-curb. His stricken condition, his vague wandering glances, excited no pity in the mob thirsting for his life. They had not seen the handsome fight he had made in the jail; there was no appeal to the border chivalry (there is chivalry on the borders, as in all semi-barbarous regions). A squad of Missourians who were standing by the fence levelled their pieces at him, and, before they could see him again for the smoke they made, Joe Smith was dead.

Meanwhile, the Carthage Grays were approaching. They had been called out half an hour before, and formed on the Court-House Square, by Captain Robert Smith, with great precision and a deliberation that gives rise, under the circumstances, to somewhat wide conjecture. Captain Smith had not previously been regarded as a martinet, but this afternoon he could have given points to a Potsdam corporal. He stopped his company half a dozen times, to remonstrate against defects in their alignment; and it is owing to his extreme conscientiousness about discipline that they arrived at the jail when all was over. Let me add that Captain Smith (for it seemed fated that everybody connected with this affair should have greatness thrust upon him) became in the great war General Robert F. Smith, and marched his troops from Hancock County to the Atlantic with more speed, if less science, than he displayed in leading his squad that day from the Court-House to the jail.

The moment the work was done, the calmness of horror succeeded the fever of fanatical rage. The assassins hurried away from the jail, and took the road to Warsaw in silence and haste. They went home at a killing pace over the wide dusty prairie. Warsaw is eighteen miles from Carthage; the Smiths were killed at half past five: at a quarter before eight the returning crowd began to drag their weary limbs through the main street of Warsaw, — at such an astounding rate of speed had the lash of their own thoughts driven them.

The town was instantly put in such attitude of defence as its limited means permitted. The women and children were ferried across the river to a village on the Missouri shore. The men kept guard night and day in the hazel thickets around the town. Everybody expected sudden and exemplary vengeance from the Mormons.

Nothing of the kind took place. The appalling disaster that had fallen upon the church gave rise to no spirit of revenge. It was long before the Mormons recovered from the stupor of their terror and despair. A delegation went to Carthage to receive their dead. They brought them home and buried, them with honors becoming the generals of the legion. The seceders, panic-stricken, fled from Nauvoo and never returned.

The reaction now began. At the August elections, the Jack-Mormon ticket, as it was called, bearing candidates favorable to the Mormons, was chosen by an unexampled majority. The press of the State was unanimous in its condemnation of the Warsaw men, with a few exceptions, when special correspondents had visited the county. These were almost invariably apologists of the killing. It is curious to note the sudden change of the anti-Mormon journals from the fierce and aggressive tone which they held the week before, to the sullen attitude of self-defence they assumed the week after the Carthage tragedy. Here is an extract from an article by Sharp in the "Signal," which may show how much easier it is to kill a man than to justify the killing:—

"The St. Louis 'Gazette' says that the men that killed the Smiths were a pack of cowards. Now our view of the matter is, that instead of cowardice they exhibited foolhardy courage, for they must have known or thought that they would bring down on themselves the vengeance of the Mormons. True, the act of an armed body going to the jail and killing prisoners does appear at first sight dastardly, but we look at it as though these men were the executioners of justice; and their act is no more cowardly than is the act of the hangman in stretching up a defenceless convict who is incapable of resistance. If any other mode could have been devised, or any other time selected, it would have been better; but as we have heard others say, we are satisfied that it is done, and care not to philosophize on the modus operandi."

It was impossible that the matter should be allowed to pass entirely unnoticed by the law. Besides, Governor Ford, who considered the murder a personal disrespect to himself, was really anxious to bring the perpetrators to justice. Bills of indictment were found at the October term of court against Levi Williams, Mark Aldrich, Jacob C. Davis, William N. Grover, Thomas C. Sharp, John Willis, William Voorhees, William Gallagher, and one Allen. They were based on the testimony of two idle youths, named Brackenbury and Daniels, who had accompanied the expedition from Warsaw to Carthage on the 27th of June, and had seen the whole affair. Having a natural disinclination to work, they lived as long as they could by exploiting this rare experience. Their evidence being worse than useless in Warsaw, they went to Nauvoo, professed Mormonism, and had their board paid by the faithful, to secure their attendance at the trial. Brackenbury formed an alliance with a sign-painter, who executed in the highest style of Nauvoo art a panorama of the prophet's Death and Ascension, which they exhibited to the great edification of the Mormons and to such profit that the artist soon died of the trembling madness, and Brackenbury fell heir to the canvas and the fees. Daniels collaborated with a scribbler named Littlefield a most remarkable pamphlet on the same subject, stuffed full of miracles, and inventions more stupid than the truth.

Murray McConnell, who appeared in behalf of the governor to prosecute (and who was himself mysteriously assassinated twenty-four years later, as if a taint of blood were on all connected with this drama), made an arrangement with the defendants' counsel, by which the defendants agreed to appear voluntarily at the next May term, the State not being ready with its evidence. But towards the end of November, the vote of Davis becoming inconvenient to the leaders of the Senate, this convention was violated, and orders made for writs instanter against Davis and the rest. They were treated with contempt. Davis kept his seat in the Senate, and when the sheriff came to Warsaw he was received with that jocose discourtesy which so often in the West indicates a most sinister state of public feeling. He could find no trace of the men he was looking for. Nobody had seen or heard of them for weeks. In every shop he entered, he saw a loaded rifle, or a man oiling a gun lock or moulding bullets. In the morning, when he mounted his horse to ride away, he found his mane and tail shaved bare as the head of a dervish. Hurrying out of the hostile neighborhood, he passed a crowd of grinning loungers.

"My horse was in bad company last night," he said, with a wretched attempt at good-natured indifference.

"Most generally is, I reckon," was the unfeeling retort; and the chief executive officer of the county left the mutinous town to itself.

The next May, all the defendants appeared, according to agreement, to stand their trial. They began by filing their affidavit that the county commissioners who selected the array of jurors for the week were prejudiced against them; that the sheriff and his deputies were unfitted by prejudice to select the talesmen that might be required. They therefore entered a motion to quash the array of jurors, to set aside the sheriff and his deputies, and to appoint elisors to select a jury for the case. After argument, this was done. The elisors presented ninety-six men, before twelve were found ignorant enough and indifferent enough to act as jurors.

A large number of witnesses were examined, but nothing was elicited against the accused from any except Brackenbury, Daniels, and a girl named Eliza Jane Graham. The two first had been lying so constantly for some months professionally, the one in his pamphlet, the other in his raree-show, that they had utterly forgotten where they started from, and so embroidered their original facts with more recent fictions, that their evidence went for nothing. Besides, the showman Brackenbury thought that the pamphleteer Daniels had received more attention than himself from the polite world of Nauvoo, and was consequently stung by jealousy to contradict in his evidence all that Daniels had sworn to. The evidence of Miss Graham, delivered with the impetuosity of her sex, was all that could be desired — and more too. She had assisted in feeding the hungry mob at the Warsaw House as they came straggling in from Carthage, and she could remember where every man sat, and what he said, and how he said it. Unfortunately she remembered too much. No one accused her of wilful perjury. But her nervous and sensitive character had been powerfully impressed by the influence of Smith, and, brooding constantly upon his death, she came at last to regard her own fancies and suspicions as positive occurrences. A few alibis so discredited her evidence, that it was held to prove nothing more than her own honest and half-insane zeal.

The case was closed. There was not the a man on the jury, in the court, in the county, that did not know the defendants had done the murder. But it was not proven, and the verdict of NOT GUILTY was right in law.

And you cannot find in this generation an original inhabitant of Hancock County who will not stoutly sustain that verdict.

There was very little excitement about the matter. The Mormons were not vigorous in the prosecution. Their leaders were already involved in the squabbles and intrigues of the succession. The prophet's brother, William Smith, was an aspirant. But he was a weak, indolent, good-natured sensualist, and was readily bought off and sup pressed. He carried on for some time a flourishing trade in " patriarchal blessings." He had probably never heard of Tetzel, and yet the old Dominican himself could scarcely have systematized his traffic better. He advertises in the "Neighbor": " Common blessings, 50 cents ; Extraordinary blessings, $1.00; Children, half price ; women, gratis." Rigdon made a desperate stand for the prophet's mantle. But he was defeated also, and, being recalcitrant, was sol emnly "given over to be buffeted of the Evil One for a thousand years." The coolest and most unbelieving of them all succeeded to the autocracy- Brigham Young, whether guided by in stinct or reason I do not know, avoided the fatal mistake of Smith, who turned back from Missouri to Illinois, and the crazy fantasy of Rigdon, who would have gone from Illinois to Pennsylvania. Tribes and religions cannot travel against the sun. Young, during the troubled year that followed, exerted himself to gather all the reins of gov ernment into his own hands ; and there was not in all the slavish East a despot more absolute than he when at last he started, with his wives and his servants and his cattle, to lead his people into the vast tolerant wilderness.

William R. Hamilton served in the Carthage Greys in 1844. His letter to Foster Walker, describing the Smiths' murders in Carthage, was published in Foster Walker's "The Mormons in Hancock County," Dallas City Review (January 29, 1903, p.2).

Carthage, Ill., Dee. 24, 1902

FOSTER WALKER,­ -

It would be a long and, I presume, an uninteresting story to relate all I saw of the Mormons and know of their actions and that of the Antis; therefore I shall confine myself to what I know transpired on the day of the killing of the Prophet and Patriarch- that is Joseph and Hyrum Smith- by the mob, without entering into any kind of statements as to causes which had incited the mob to take their lives-which was done at the jail in Carthage at about 4:40 o'clock P.M. on June 27, 1844.

There had been about 1200 troops- state militia- summoned as a "posse comitatus" by a civil officer to assist in arresting them. Charges, writs and legal proceedings are matters of record in the courts. Governor Thomas Ford was here in command. The Smiths had surrendered two days before, and had been kept at my father's hotel until that morning. The governor, presuming all danger of trouble over, ordered the troops to return home and disband except two compa­nies, which he retained- the Carthage Greys and the Augusta Dragoons. The cavalry company he took as an escort and went to Nauvoo, leaving the Carthage Greys to Guard the Smiths. This company was commanded by Captain Robert F. Smith, who in the war of the Rebellion was colonel of the 16th Ill. Inft. I was the youngest member of that company and had not as vet fully learned the lesson of red tape and complete obedience to all orders. Still, in the company I had the name of doing quite well for a boy.

A little after 7:00 A.M. the troops broke camp and left for home. The Gover­nor, with his escort started for Nauvoo, and the Smiths were taken to the jail­- there kept under guard by a detail of six men from the company, with an officer in command; the company remaining in camp at the public square. About 11 o'clock A.M., myself and another young man were ordered by the captain to go on top of the court house and keep a sharp lookout for and see if a body of men were approaching the town from any direction; and, if any were seen, to immediately report to the captain personally, at his quarters. We had a large field glass and could clearly see in every direction save due north for several miles. We were espe­cially ordered to keep a strict outlook over the prairies towards Nauvoo. Nothing suspicious was discovered until about 4 P.M. when we saw a body of armed men in wagons and on horses approaching the low timber, a little north of west from the jail, and about two miles distant. This was at once reported to the captain, when we were ordered to keep a strict watch and at once report if they came through the timber. In about a half hour after, a body of armed men- about 125- came out of the woods on foot and started in a single file, behind an old rail fence, in the direction of the jail. They were then about three-fourths of a mile distant. This we at once attempted to report, but could not find the captain; and (not being "muz­zled," as soldiers of late date) told another officer, who after considerable delay found the captain who ordered the company to fall into line. By this time the mob had reached the jail and had commenced shooting. I there forgot all about orders to put on accoutrements and fall into line; but immediately started on dou­ble quick for the jail.

To digress: For one of the best drilled and equipped companies in the state at that time- on that occasion we would have taken the prize for the best exhibi­tion of an awkward squad in existence. I have always thought the officers and some privates were working for delay. The company finally reached the jail, but not until after the mob had completed their work and left in the direction from which they came. When about fifty yards away I saw Joseph Smith come to the window and fall out. One of the men went to him and partially straightened his body out beside the well curb. Just at this time I got up amongst the men and heard him say, "he's dead," when all the mob immediately left. I went to where Smith was lying and found that he was dead without doubt. I then went up to the room where they had been quartered, where I found Hyrum Smith lying upon the floor on his back, dead. No person was in the room, or came while I was there. He was stretched out on the floor, just as he had fallen after being shot.

The shot that killed him was fired through the door panel by one of the mob, while in the hall, and struck him in the left breast, he falling backward. There were in the room at that time four persons- the two Smiths and Elders Taylor and Richards. Taylor was wounded, being hit several times- all flesh wounds-­ and was the same night taken to my father's house, where he was cared for until able to be taken to Nauvoo. Richards was not hurt and immediately after the mob left the hall, carried Taylor into the cell department of the jail, which was done just before I went upstairs. The room in which they were is about 16 x 16 feet and had one window in the east side, two in the front or south end, and the door opening from the hall, just at the top of the stairs almost directly opposite the east side window out of which Smith fell. There was a bedstead in the south­east corner of the room, under which Taylor was after the shooting was over. The door opened in such a manner that when forced open it formed a recess in the corner, so that a person there was hid from sight. Richard's position bought [sic] him into the corner. There was no lock, bolt or even latch upon the door, and when the mob started upstairs, those in the room shut the door and attempted to hold it. After those in the hall had tried several times to push it open, Smith hav­ing shot at them by putting the muzzle of his old English pepperbox revolver through the opening at the side of the door (made by their efforts) and firing four shots into the hall, one of the men placed the muzzle of his rifle against the door and fired, which shot killed Hyrum Smith, he being behind the panel in a posi­tion to do most of the work in keeping the door shut, he falling backward, leav­ing the door which flew open and hid Richards in the corner. At the same time others in the hall fired into the room, wounding Taylor, who rolled under the bed. Smith, in attempting to escape out of the window was shot from the outside falling outward.

The approach of the mob was made from the rear or north, dividing part to the east and west, meeting at the front, thus completely surrounding the jail. The guards were quietly sitting in front and in the hall below, all of whom were cap­tured without much trouble or danger. Just a little suspicion might be attached to the officer in command. Yet it might be presumed he thought his only duty was to keep the Smiths from coming downstairs. After I had satisfied my curiosity, seen and been among the mob, seen the prophet shot, and seen the dead men, it occurred to me I ought to go home and tell the news. When about 200 yards from the jail I met the company coming ready for business. Nothing was to be done but to "about face," return to camp and be disbanded; which was promptly done in good order, as their prisoners were dead and not likely to run away.

The bodies of the Smiths, after the coroner's inquest, were taken by my father, Artois Hamilton, to his hotel. He had boxes (not coffins) made out of pine boards, in which they were taken to Nauvoo the next day. The news of their death having been sent to Nauvoo, early the next morning two of their brothers, with two other men, came after their bodies in a wagon. The body of Joseph was placed in theirs and that of Hyrum in father's wagon, who with two of my brothers went with them.

This is a true statement of what occurred on that day, so far as the doings of the troops and killing of the Smiths. There are many facts and names of persons connected with that tragedy, which are now lost to the world-where it seems best to let them remain.

Wm R. Hamilton

William Daniels, Nauvoo Neighbor (May 7 and May 14, 1845 issues). (The account below contains several embellishments or fantasies that are contradicted by other witnesses. For example, Daniels has Joseph Smith surviving his fall from the second story jail and then being shot by four men under the orders of Levi Williams. After the murder of Smith, Daniels describes a scene in which a "ruffian" draws a bowie knife and is ready to sever the head of Smith when suddenly a pillar of light "bursts from the heavens upon the bloody scene" and frightens the killers away.)

ACCOUNT OF THE MASSACRE BY ONE WHO WAS AMONG THE MOB—PROBABLE FATE OF THIS INFORMER—HOW HE HAPPENED TO BE WITH THE MOB PARTY—DETAILS OF THE MASSACRE—REFLECTIONS ON THE HORRIBLE DEED—RETURN TO HIS HOME—A DREAM—DETERMINATION TO DO WHAT HE COULD TO BRING THE MURDERERS TO JUSTICE—VISIT TO NAUVOO AND QUINCY—HUSH-MONEY OFFERED HIM—HE JOINS THE CHURCH—EFFORTS TO PUT HIM OUT OF THE WAY—BEFORE THE GRAND JURY AS A WITNESS—NINE PERSONS INDICTED—MURDERERS ALLOWED TO GO FREE.

Many of the facts connected with the murder of Joseph and Hyrum Smith have now been related. But the questions arise: Who committed the deed? In what manner was it accomplished?

To fully present this phase of the cruel butchery, the following statements of an eye-witness are introduced. It is an account given by Wm. M. Daniels, which was written out carefully by the author of this volume and printed in a pamphlet, at Nauvoo.

Mr. Daniels, for some time after the murder, resided in Nauvoo, where he joined the Church. In justice to him it should be here stated that he evinced the fullest sincerity while relating the incidents of his narrative. As regards the flash of light described by him, which is illustrated in our engraving, he averred most emphatically that it occurred as related. Even before the court, when the murderers were arraigned for examination as to their complicity in the bloody deed, he was confronted by the lawyers for the mob party, and there stated that all he had told was the truth.

As to the correctness of this strange exhibition of light, the author knows nothing personally; but it is given as Daniels’ testimony, among the other incidents, and he leaves the reader to draw such conclusions as may seem reasonable.

The whereabouts of Mr. Daniels has been unknown to the writer since 1846. It is not at all unlikely that some of the parties implicated in the tragedy at Carthage assassinated him for exposing them. They swore they would do so, and were hunting for him previous to the exodus of the Saints from Nauvoo. On the steamboat Ocean Wave a party of them tried to get some information, as to where Daniels might be found, from, and also laid a cunning plan to entrap, the writer when the boat should land at Warsaw, for the part he took in the publication—but they failed.

The following is the statement of Daniels:

I resided in Augusta, Hancock County, Ill., eighteen miles from Carthage. On the 16th day of June, I left my home with the intention of going to St. Louis. When I arrived at Bear Creek, I found the country in a great state of excitement, in relation to the “Mormons.” I was told it would be dangerous for me to proceed farther on my way to Warsaw, as the intermediate country was mostly settled by “Mormons,” who would, in all probability, intercept me by violence. I knew nothing of the character and disposition of the “Mormon” people, never having been personally acquainted with them as a community. The tales of villainy that were related concerning them, were so horrid and shocking that I yielded to the entreaties of my advisers, and abandoned, for that day, at least, my intention of proceeding farther on my journey. I lodged that night with a Mr. Scott.

The next morning a company of men were going from that place to Carthage, for the purpose, as they said, of assisting the militia to drive the “Mormons” out of the country. Out of curiosity, as I had no particular way to spend my time, and the creeks having been rendered impassable that night by heavy rain, I went in company with them to Carthage. On our way there, they were discussing the best means to be adopted for the expulsion of the “Mormon” population. Some were for marching to Nauvoo, and laying the city in ashes, and driving the inhabitants from the limits of the State, at the point of the bayonet; others were for murdering Joseph and Hyrum Smith, while others were in favor of accomplishing both of these barbarous objects.

I noticed minutely their conversation, and it was not hard for me to discover that all their animosity and hatred of their neighbors, arose from a spirit of envy. I heard no person declaring that the “Mormons” had ever personally injured him; but they swore that “Old Joe” was getting too much power and influence in the world, and he ought to be put out of the way. His career ought to be stopped. They looked upon him as no less than a second Mahomet, who would soon spring into power, usurp the reins of government, and establish his religion by the sword. To prevent such a calamity from befalling the world, they argued that it would be doing God service to take his life, supposing that would also totally annihilate the religion called “Mormonism.”

From that hour I looked upon them as demons, not men, and determined to do all in my power to prevent so bloody and awful an occurrence. I was not attached to any religious society whatever, and was willing that all mankind should worship Almighty God according to the dictates of their own consciences. I knew that the laws of my country, which I had been taught to honor and revere, granted all men that right and privilege, while they were the subjects of its government. I hoped that her institutions might be untarnished and her dignity unsullied and free from so disgraceful an event as was then in contemplation.

We arrived in Carthage, and found the Carthage Greys, and several other companies, on parade. I was told their object was to drive the “Mormons.” I would remark that a certain preacher, professing to be a minister of the gospel of Jesus Christ to the world, was engaged in playing a drum at the head of this company.

These companies were commanded by Captains Smith, Green and others, who were greatly excited, and said they were determined to kill the “Mormons.” On hearing that the governor was on his way to Carthage, they were very much alarmed; whereupon Joseph H. Jackson, in company with Dr. Foster, F.M. Higbee, and others, declared that if the Governor, “Tom” Ford, came, and gave the Smiths–Joseph and Hyrum–a fair trial, they would be acquitted, and we will be hung as sure as there is a God in heaven. Further he observed, “I do not see why the d—-d little governor could not stay at home, and send us word, and we would do the business up in a hurry, and drive the ‘Mormons’ out of the country.”

I returned to Bear Creek that night, with the intention of leaving for St. Louis the next morning. However, on the morning of the 20th, hearing that the Governor had arrived at Carthage, and being somewhat acquainted with him, I concluded to return and see him, which I did.

When I arrived at Carthage, he was addressing the people at the Court House, in relation to the “Mormon” difficulties. He said he came there to see that the law was fully carried out. When he was done, Mr. Roosevelt, of Warsaw, went upon the public square, mounted a box, and made an inflammatory speech to the people who had collected, wherein he stated that the law was not sufficient to carry out their measures. Stretching out his arms at full length, he said, with all the energy in his power: “We have the willing minds, and God Almighty has given us strength, and we will wield the sabre and make our own laws!!” He then said he presumed that the governor meant well enough, but was too easy in his remarks to them, in saying that he wished a compliance with the laws.

Mr. Roosevelt soon gave way for Mr. Skinner, a “young limb of the law,” a tool for mobocracy, and, at the time, a candidate for the Legislature, who made a short speech, wherein he stated he was one of the delegates appointed by the people of Carthage to go to Springfield and lay before the governor their grievances. He was not so severe upon the governor as Mr. Roosevelt had been. He presumed the governor would do what was right, but his ultimate course proved him to be the most hypocritical.

The governor gave orders, which were read by Capt. Dunn, that all the people who had been promiscuously assembled in Carthage, should be consolidated in the militia, under his command, to co-operative in maintaining the supremacy of the law.

I returned to Bear Creek that evening. In the morning, I proceeded to Warsaw. On my arrival there, a force of about three hundred men was mustered upon the parade ground under the command of Captains Aldrich Grover, Elliott, and Col. Williams of Green Plains. I wished to know what their intentions were, and was informed that they were determined to drive the d—-d Mormons out of the County. I remained there five days; during which time Williams, Roosevelt, Sharp, and others, were continually beating up for volunteers, by making inflammatory speeches, exciting the populace and making false publications to the world. Col. Williams announced that he was empowered by the governor, to stop and search steamboats, at the wharf, at Warsaw. Accordingly, he stopped the steam packet Osprey. On Capt. Anderson’s refusal to let him search the boat, he ordered his men to fire upon her. The cannon was leveled upon the boat. As they were in the act of firing, a gentlemen who was standing by, being sober (for most of them were badly intoxicated) placed his hand between the match and powder, which prevented ignition. They, however, searched the boat; but did not succeed in finding but eight or nine kegs of powder, which they permitted to remain on board. That evening they fired upon two more steamboats, with their muskets, which they compelled to stop. Col. Williams informed the Captains, that he had orders to search their boats for ammunition, arms, provisions, etc. The captains consented, and search was instituted, but nothing was found which was considered contraband, and the boats resumed their course.

Relative to the governor’s giving the peopled of Warsaw orders to stop and search steamboats, I would remark that Gov. Ford informed me at Quincy, that he had not given them orders to stop any boats, with the exception of the Maid of Iowa, a boat then owned by the “Mormons,” which the people supposed might convey away Gen. Smith. Here we see a willful and arbitrary infraction of law and order, on the part of this military Nero, Col. Williams, and the mobbers of Warsaw.

All was commotion and turmoil through Warsaw and its vicinity. The scenery had become insipid and irksome to me, and I longed for relief and to be where my mind could be at rest. Passing through such continual bustle, watching the movements of the rabble who, like a horde of impetuous barbarians, seemed impelled on, by the blind infatuation of priests and shallow zealots, in hopes of booty, disgusted and sickened me and fired me with contempt. My mind reverted to the time when the dark and bloody Attila led on the ignorant Huns to conquest, plunder and extermination, applying the torch of conflagration to pleasant villages and sequestered homes.

On Tuesday, I started for Quincy. As I pursued my journey from Warsaw, my mind was uneasy and restless. When I had traveled near eight miles I enquired my way, and, through accident or design, I was placed upon a road that led me directly back to Warsaw. My mind was composed and tranquil as I came in sight of the place. My attention was attracted by a group of men, apparently in earnest conversation. I drew near and learned that the Carthage Greys had made them the proposition to come to Carthage, on the following day, and assist them in murdering Joseph and Hyrum Smith, during the absence of the governor, at Golden’s Point, where he contemplated marching with the troops. As soon as they discovered that I had learned the purpose of their conference, they became suspicious of me, fearing exposure, no doubt, and put me under guard. I was held in custody until the following morning when a company of volunteers was raised, to march to Golden’s Point, to unite with the governor. I desired to make the governor acquainted with what was contemplated against the lives of the prisoners. To effect this object, I volunteered, and drew a musket. The company was paraded in single file; roll was called and Capt. Jacob Davis, (the murderer, who was afterward screened from justice by the Senate of Illinois,) and Capt. Grover, selected ten men each from their respective companies, who were to march to Carthage, in compliance with the request of the Carthage Greys to co-operative with them in committing the murder. These twenty men were marched a short distance to one side, where they received their instructions from Col. Williams, Mark Aldrich, Capt. Jacob Davis, and Capt. Grover, and they were sent off. I do not recollect the names of any of these twenty, with the exception of two brothers—coopers in Warsaw, by the name of Stevens. One of them is about six feet three inches high, well proportioned and athletic. The other is near five feet nine inches high, with dark complexion and dark hair. When the officers were interrogated as to the object of these twenty men beings sent in advance of the troops, they evaded the truth by replying that they had been detailed for a picket guard.

The troops were marched. We arrived at the crossing of the railroad at 12 o’clock. We were there met by Sharp and others, bearing dispatches from the governor, disbanding the troops. This unexpected order threw the troops into a perfect panic. They cursed the governor for not permitting them to march through to Nauvoo. Their object in wishing to go—and this was understood with all the militia—was to burn the city and exterminate the inhabitants. These designs were baffled by the disbanding of the troops. In justice to the character of Governor Ford, I would remark that this object in disbanding the troops, was to prevent such an awful calamity.

The disbanding orders were read by Col. Levi Williams. Captains Davis, Grover and Elliott, immediately called their companies together.

Thomas C. Sharp mounted his “big bay horse,” and made an inflammatory speech to the companies, characteristic of his corrupt heart. The following is a short extract, as near as my memory will serve me:

“FRIENDS AND FELLOW-CITIZENS! The crisis has arrived when it becomes our duty to rise, as freemen, and assert our rights. The law is insufficient for us; the governor will not enforce it; we must take it into our hands; we know what wrongs we suffer, and we are the best calculated to redress them. Now is the time to put a period to the mad career of the Prophet; sustained as he is by a band of fanatical military saints! We have borne his usurpations until it would be cowardice to bear them longer! My Fellow citizens! Improve the opportunity that offers; lest the opportunity pass, and the despotic Prophet will never again be in your power. All things are understood, we must hasten to Carthage and murder the Smiths, while the governor is absent at Nauvoo. Beard the lions in their den. The news will reach Nauvoo before the governor leaves. This will so enrage the “Mormons,” that they will fall upon and murder Tom Ford, and we shall then be rid of the d—-d little governor and the ‘Mormons’ too.” (Cheers.)

This speech was likely to fail of having the desired effect. None seemed willing to be the first to start. At last Capt. Grover started, and declared he would go alone, if no person would follow him. Soon one person followed, then another, until a company of eighty-four was made up. All the troops that had not volunteered in this company were told to go home. The twenty men, who had been sent forward to commit the murder, were sent for and they formed a part of the eighty-four.

Here I felt that the purpose, for which I volunteered, had been baffled. I expected to have met with the governor at Golden’s Point, and could I have done so, I entertained no doubt; I could have succeeded in putting a stop to the murder. But instead of marching to Golden’s Point as we anticipated, he marched to Nauvoo. Under these circumstances I was at a loss to know what to do. I had not time to go to Nauvoo, and raise a posse to surround the jail as a guard before this company would arrive there. I was on foot, and would have ten or twelve miles farther to travel than they. As I could do nothing better, I was determined to follow on with the company and see what they would do. Several others like myself, followed out of curiosity, without being armed. Carthage lay directly on my route home.

After we had arrived within nearly six miles of Carthage, they made a halt. Col. Williams rode three or four times backwards and forwards from the company to the Carthage Greys. He said he would have the Carthage Greys come and meet them. They marched within four miles of Carthage, when they were met by one of the Greys, bringing a note to the following import:

“Now is a delightful time to murder the Smiths. The governor has gone to Nauvoo with all the troops. The Carthage Greys are left to guard the prisoners. Five of our men will be stationed at the jail; the rest will be upon the public square. To keep up appearances, you will attack the men at the jail—a sham scuffle will ensue—their guns will be loaded with blank cartridges—they will fire in the air.”

They were also instructed by the person bearing this dispatch, to fire three guns as they advanced along the fence that led from the woods to the jail. This was to serve as a signal to the Carthage Greys that they were in readiness.

After they had received their instructions, the company followed along up the hollow that struck into the point of timber.

Here I left them, and pursued my way to the jail, where I arrived ten or fifteen minutes first. How gladly would I have informed the defenseless prisoners of the plot that was shortly to be executed against them. Had the Carthage Greys been loyal members of the militia of the country, I could have affected their escape; but it was impossible.

Soon the mob made their appearance. They advanced in single file along the fence, as they had been instructed. When they had gained about half the distance of the fence, the signal guns were fired.

Soon the jail was surrounded by the mob. They had blacked themselves with wet powder, while they were in the woods, which gave them the horrible appearance of demons. The most of them had on blue hunting shirts, with fringe around the edges.

The Carthage Greys advanced within about eight rods of the jail where they halted, in plain view of the whole transaction, until the deed was executed. They occupied a place in an eastern direction from the jail. When they halted, their commander, Capt. Smith matched in front of the mob, said “How do you do, gentlemen?” and passed through their ranks, taking a station in their rear.

Col. Williams shouted out, “Rush in!—there’s no danger boys—all is right!”

A sham encounter ensued between them and the guard. They clinched each other, and the mob threw some of them upon the ground. A few guns were fired in the air.

A rush was made in the door, at the south part of the building. This let them into a hall, or entry, from which they ascended a flight of stairs, at the head of which, turning to the right; they reached the door that led into the prisoners’ room.

To give a relation of some of the particular circumstances that transpired in the jail, I am compelled to depend, principally, upon the statements of others. My sources of information, upon these points, however, are of such a nature that the reader can regard them as strictly correct.

The spirits of the prisoners had been rather depressed all the afternoon. Why it was so they knew not. They knew the faith of the governor, and the State of Illinois, was pledged for their protection. Elder John Taylor had been singing a hymn, found on the 254th page of the English edition of the Latter-day Saints’ Hymn Book, entitled, “A Poor Wayfaring Man of Grief.”

This seemed rather applicable to their situation; it had a solemnity in it that tranquilized their minds, and at the request of Hyrum Smith, it was sung over again.

From this pleasant communion, they were aroused by curses, threats, and the heavy and fierce rush of the mob up the stairs.

Hyrum stood near the center of the room, in front of the door. The mob fired a ball through the panel of the door, which entered Hyrum’s head, at the left side of his nose. He fell upon his back with his head one or two feet from the north east corner of the room, exclaiming, as he fell, “I am a dead man!” In all, four balls entered his body. One ball (it must have been fired through the window from the outside) passed through his body with such force—entering his back—that it completely broke to pieces a watch which he wore in his vest pocket.

His death was sudden and without pain. Thus fell Hyrum Smith, the Patriarch of the Church of God, a martyr for his holy religion! In that brief moment was the Church of Jesus Christ deprived of the services of as good a man as ever had a name in its history.

A shower of balls were poured through all parts of the room, many of which lodged in the ceiling, just above the head of the fallen man.

A few hours previous to this, a friend to General Joseph Smith, put in his possession a revolving pistol with

six chambers, usually called a “pepper-box.” With this in his hand, he took a position by the wall at the left of the door.

Joseph reached his pistol through the door, which was pushed a little ajar, and fired three of the barrels; the rest missed fire. He wounded three of the assailants—two mortally—one of whom, as he rushed down out of the door, was asked if he was badly hurt. He replied, “Yes; my arm is shot all to pieces by Old Joe; but I don’t care, I’ve got revenge; I shot Hyrum!”

Elder Taylor took a position beside the door, with Elder Richards, and parried off their muskets with walking sticks as they were firing.

What must have been the feelings of General Smith, at this critical juncture! He had fired all of the barrels of his pistol that would discharge; he had therefore no further means of defense. His brother, whose life he had been so anxious to preserve, lay a corpse before him, and his assailants were filling the door with muskets and firing showers of lead into the room.

Elder Taylor continued parrying their guns, until they had got them about half the length into the room, when he found resistance vain and attempted to jump out of the window. Just then a ball from within struck him on the left thigh; hitting the bone, it glanced through to within half an inch of the other side. He fell on the window-sill and expected he would fall out, when a ball from without stuck his watch, which he carried in his vest pocket, and threw him back into the room. He was hit by two more balls; one injuring his left wrist considerably, and the other entering at the side of the bone, just below the left knee. He fell into the room, and rolled under a bed that stood at the right of the window, in the south-east corner of the room. While under the bed, he was fired at several times and was struck by one ball which tore the flesh on his left hip in a shocking manner, throwing large quantities of blood upon the wall and floor. These wounds proved very severe and painful, but he suffered without a murmur, rejoicing that he had the satisfaction to mingle his blood with that of the Prophets, and be with them in the last moments of their earthly existence. His blood, with theirs, can cry to heaven for vengeance on those who have shed the blood of innocence and slain the servants of the living God in all ages of the world. This seemed a source of high gratification and he endured his severe sufferings without a single complaint, being perfectly resigned to the providence of God.

Elder Richards was still contending with the assailants, at the door, when General Smith, seeing there was no safety in the room, and probably thinking it might save the lives of others if he could escape from the room, turned calmly from the door, dropped his pistol upon the floor, saying, “There, defend yourselves as well as you can.”

He sprang into the window; but just as he was preparing to descend, he saw such an array of bayonets below that he caught by the window casing, where he hung by his hands and feet, with his head to the north, feet to the south, and his body swinging downwards. He hung in that position three or four minutes, during which time he exclaimed, two or three times, “O, LORD, MY GOD!!!” and fell to the ground. While he was hanging in that position, Col. Williams hallooed, “Shoot him! G-d d—n him! Shoot the dam’d rascal!” However, none fired at him.

He seemed to fall easy. He struck partly on his right shoulder and back, his neck and head reaching the ground a little before his feet.

He rolled instantly on his face. From this position he was taken by a young man, who sprang to him from the other side of the fence, who held a pewter fife in his hand, was barefoot and bare-headed, having on no coat, with his pants rolled above his knees, and shirt-sleeves above his elbows. He set President Smith against the south side of the well-curb that was situated a few feet from the jail. While doing this, the savage muttered aloud, “This is Old Jo; I know him. I know you, Old Jo. Damn you: you are the man that had my daddy shot.” The object he had in talking in this way, I supposed to be this: He wished to have President Smith and the people in general, believe he was the son of Governor Boggs, which would lead to the opinion that it was the Missourians who had come over and committed the murder. This was the report that they soon caused to be circulated; but this was too palpable an absurdity to be credited.

After President Smith had fallen, I saw Elder Willard Richards come to the window and look out upon the horrid scene that spread itself below him.

I could not help noticing the striking contrast in the countenance of President Smith and the horrid, demon-like appearance of his murderers. The former was calm and tranquil, while the mob were filled with excitement and agitation.

President Smith’s exit from the room had the tendency to cause those who were firing into the room to abandon it and rush to the outside. This gave an opportunity for Elder Richards to convey Elder Taylor into the cell, which he did, and covered him with a bed, thinking he might there be secure if the mob should make another rush into the jail. While they were in the cell, some of the mob again entered the room; but finding it deserted by all but Hyrum Smith, they left the jail.

When President Smith had been set against the curb, and began to recover, from the effects of the fall, Col. Williams ordered four men to shoot him. Accordingly, four men took an eastern direction, about eight feet from the curb, Col. Williams stranding partly at their rear, and made ready to execute the order. While they were making preparations, and the muskets were raised to their faces, President Smith’s eyes rested upon them with a calm and quiet resignation. He betrayed no agitated feelings and the expression upon his countenance seemed to betoken his inly prayer to be: “O, Father, forgive them, for they know not what they do.”

The fire was simultaneous. A slight cringe of the body was all the indication of pain that he betrayed when the balls struck him. He fell upon his face. One ball then entered the back part of his body. This is the ball that many people have supposed struck him about the time he was in the window. But this is a mistake. I was close by him, and I know he was not hit with a ball, until after he was seated by the well-curb.

His death was instantaneous and tranquil. He betrayed no appearance of pain. His noble form exhibited all its powers of manly strength and healthful agility, yet not a muscle seemed to move with pain, and there was no distortion of his features. His death was peaceful as the falling to sleep of an infant—no cloud of contending passion gathered upon his brown, and no malediction trembled on his lip. The reward of a righteous man seemed hovering over him, and his breath ceased with as much ease and gentleness, as if eternity was exerting an influence in his behalf and taking his spirit home to a world of “liberty, light and life.”

The ruffian, of whom I have spoken, who set him against the well-curb, now secured a bowie knife for the purpose of severing his head from his body. He raised the knife and was in the attitude of striking, when a light, so sudden and powerful, burst from the heavens upon the bloody scene, (passing its vivid chain between Joseph and his murderers,) that they were struck with terrified awe and filled with consternation. This light, in its appearance and potency, baffles all powers of description. The arm of the ruffian, that held the knife, fell powerless; the muskets of the four, who fired, fell to the ground, and they all stood like marble statues, not having power to move a single limb of their bodies.

By this time most of the men had fled in great disorder. I never saw so frightened a set of men before. Col. Williams saw the light and was also badly frightened; but he did not entirely lose the use of his limbs or speech. Seeing the condition of these men, he hallooed to some who had just commenced to retreat, for God’s sake to come and carry off these men. They came back and carried them by the main strength towards the baggage wagons. They seemed as helpless as if they were dead.

The storm had passed away. The cowardly demons had fled, and I stood a spectator, gazing on the scene. There lay Joseph Smith, the martyred leader of thousands who revered him. The man who had passed like a magic spirit through society, and in a career of a few years, ad lit up the world with wonder, astonishment and admiration, was left dead upon the ground! He lay full low; yet, in my contemplations, I regarded him as the triumphant conqueror left master of the bloody field. Eighty-four men, (fiends,) armed with United States’ muskets and other weapons, had the unparalleled heroism to murder him while a prisoner; (!!) while he had the nerve and presence of mind to contend with such unequal force, and with a pocket pistol kill and wound as many as they. In him was the spirit of dauntless bravery exemplified.

But a few days before his noble figure rode at the head of a mighty legion, numbering five thousand brave hearts and ten thousand strong arms. His presence gave them courage, his words animated their hearts and nerved their limbs; and the large heart that beat within his manly breast, entwined around it their love and affection, by the generosity and nobility of its principles.

In this situation he had the power to defend himself. How insignificant was the power of this contemptible mob, in comparison with this force, that could have borne him off triumphant, in defiance of all their resistance! From this position of power he descended—threw down the sword that could have protected him from the menace of mobs—and trusted himself to the honor and fidelity of men and the boasted majesty of American jurisprudence!

O, man! How worthless are your promises! How perfidious are your ways! He that would have died for the maintenance of his honor, fell a sacrifice to the broken faith of other men!

The murder took place at fifteen minutes past five o’clock, p. m., June 27, 1844.

…People talk about “Mormon” thieves, when they have eighty-four beings, fiends in human shape, running at large in their community, who were actually engaged in murder! The people of Illinois talk about “Mormon” usurpation, and treasonable designs in their leaders, and their senate chamber echoing with the denunciation of a fiend yet dripping with the warm blood of innocence! The legislature and governor repeal the Nauvoo City charter, for some pretended stretch of municipal power, and they welcome to their councils a being with an indictment hanging over his head for the highest crime known to the laws! They talk about the “Mormon” abuse of habeas corpus, while they pass special decrees that no member shall be subject to any process, whether civil or criminal, during the session of the senate, for the special benefit of a murderer, thereby releasing him from the custody of the sheriff, and screening him from justice! They prate about “Mormon” disloyalty, while the plighted faith of the State is broken, and her honor trampled in the dust!

Gentle reader, I have given as faithful a narrative as I possibly could. I have related scenes through which I have passed myself—scenes of danger, excitement and wickedness. My life has been hunted by day and by night; the quietude of my family has been broken up, and the villains are still determined to take my life. I have thus far eluded them; but I know not when my life may be taken as a sacrifice to atone for telling the truth in a free country. But I am at the defiance of devils and emissaries of hell, and will not shrink from duty, or cower under their menaces.

Carthage trial transcript

Mr. Josiah Lamborn’s opening speech to the Jury:

You are here called upon to Judge a truly extraordinary case; it is extraordinary on account of the peculiar celebraty of the person killed, and on account of the peculiar circumstances, attending the killing of this man, and that has attended the whole account throughout this County and the adjoining Country, the Case is one of peculiar interest, and vast importanse to the whole Country, to it public attention is directed from every part, the eyes of the whole country is upon us, it has not only excited a feeling of considerable interest among the people of the united stated, but throughout the civilized world.

I came here under the direction of the Governor, on the part of the Government to assist the state’s attorney, but I have to stand alone, I do not come here as the Champion of any party, or interest, neither do I wish to meddle, with you as parties, either in politics, or religion, or to entangle myself in any of the prejudices, troubles, and animosities, which effect this community, and render you a discontented and unhappy people,

I am not here, to court the favour, or smiles, of any men or party of men, but I intend to act, with becoming decision and firmness, in spite of the consequences, and vindicate the supremacy, and majesty, of the law, I have an array of learned Counsellors against one, I was commanded to seek assistance, but it cannot be had, I therefore stand alone, in this trial and in this community, unaided by council, to vindicate the Law of Man, but I will do my duty, and do it fearlessly, with becoming respect for the Laws of our Country, and not for the Local prejudices and applause of this community, but for the applause of my own conscience, and for the applause of heaven. A citizen of your County was confined in Jail under the protection of the Law, and plighted faith of the Governor, of the State, as to how far his offences, are two, or far they are false, he may have been guilty of the basest crimes, or he may have been innocent of the charges alleged against him, about these things I know nothing, but he has suffered an awful atonement, for any offence he might have committed and is gone to answer for it before his God.

He being confined in Jail a wreckless mob, came here, on these peacable prairies, and took that man from Jail and murdered him, but the Laws of Mobocracy, not having the laws of God and man, in their favour,

We alledge that these men arraigned before you at the Bar, are the men who new the movers, and instigators, of that mob who committed the crime, and shed blood, upon the soil of your town, they were the cause of the spilling of that blood in consequence of which murder, rests upon their hands, and hearts of these five men here arraigned,

It is not necessary to prove that these men, entered the Jail, or shot the Gun, or any of these instruments, by which his death was accomplished, in order, to convict them, but that the mob, got its spirit, impulse, movements, and blood thirstiness, from the minds, and dispositions of these men, and that they were the instigators of that mob, gave countenance to it and that they did stir up others, to commit the murder we shall be able fully and sbstantially to prove, And it is frequently the case, when crime is committed, for the instigator of the crime to pass away, and let the blood be spilt, or the crime perpetrated by the underlings, they did direct the arm that did strike the fatal blow to the heart of the unfortunate victims

There are hundreds here I have no doubt are ready to applaud you, and rejoice with you, if you should return a verdict of not guilty against these men, but as you respect your honour, your Country, and your God, I call upon you to do justice to this case, for this state of things cannot exist much longer, the law must prevail, mobs, may triumph for a short time, but the law, will ultimately prevail and triumph,

The guilt of this crime, hangs over you, as a blight, and curse, which is destroying your character, and gnawing at the root of your prosperity, it is a blood stain upon your character, and a foul blot, which cannot be erased, but with vengeance, and rigour, to deal out the law, as the law is, As you respect, and fear your God, as you respect, and fear God, and not man, do your duty, for it is better that truth and righteousness prevail, and that even handed Justice, be dealt out to the full, thanto suffer the guilty to go free, and escape the merited punishment due to their deeds.

We have come here, to test, the power, and majesty of the law, and we ask Justice, Justice we ask, and by man shall his blood be shed, here is, the law of God, and the law of God, is higher than the law of man, the style is between the spirit of Mobocracy, and the spirit of the law, for their can be no liberty, no equal rights, no-patriotism in an agriculteral county like this, where such things are permitted to exist, it is not at all surprising that Mobs rise upon your Community, when a crime like this should exist, and the people altogether justify the perpetration of such a deed but while you justify will not heaven frown, and man will frown, if he possess the feeling of a man, upon abase, violation of the rights and liberties of others, and under the Just contempt, of the brave and the free, you institutions, will become, a stigma and will sink to rise no more,

Where, are your Laws, here in this country, where the protection, that ought to be thrown, around your persons if such violations, are to be committed, as they have been, you are not sure, but that yourselves, may be the next victim, you are now interested in the welfare of your County, the laws of your Country, demands such an interest, and you are not, the only ones, that feels this interest, but as far as the name, of Liberty, Religion, the rights of conscience, and the power of the divine providence is extended their will be interests manifested in the examination of this case, therefore it is for you to know and consider well your duty and make your decision according, to the dictates of truth, and apure conscience, remember that these oaths you have made is registered in [illegible], and you will be called upon to answer the manner in which you have determined this case, between the state, and these individuals, for taking the blood of that man against the Laws of God and against your own human laws, that govern the Laws in which you live.

Opening Statement for the Defense by Colonel William A. Richardson in the Carthage Conspiracy Trial

Mr. Jonas Hobbart Sworn:

Mr. Hobbart do you live in this town.

I do.

Did you live in town on the day that Smith was killed.

I did.

Will you state to the Jury, what you know, about that transaction, What day of the month, did it occur

It occurred on the 27th of June 1844,

Was you there at the time, the transaction took place;

I did not see the men killed.

Was you there the time they were killed.

No, but I saw him after he was killed.

In what situation did you see him

At the time the men was killed I was not at the Jail, among the crowd of people; I heard the Guns fired,

Where was you when you heard the Guns fired.

I was at home about one hundred yards from the Jail.

Did you see Smith fall out of the Window.

I was not in a position to see.

In what position was you.

I was at the South side of the Jail and he fell from the East side.

Did you examine his wounds.

I did he was shot in the right breast, and on the left shoulder.

Where did the ball enter his heart.

Below the right pass.

Was he entirely dead when you came to him.

Yes when I went to take hold of him.

You say he was shot through the right breast.

Yes.

Where did the ball go out.

I could not tell.

Was it a large ball.

I could not tell, whether it was, a large ball or not.

Did you see anybody there besides yourself

I saw a great crowd of people there.

Did you see any that you knew.

I did not.

Did you see any of these defendants there.

No.

How many people were there.

I suppose about one hundred and fifty.

Did you see any in disguise there.

I did not.

Are you acquainted with any of these men on trial.

I am.

Did you see any of them at the Jail.

I did not.

When did the crowds leave the Jail.

A short time afterwards.

Did you hear any talking, about the matter, in the immediate vicinity where you was.

I heard nothing only some one told them to stand back.

Was anybody killed but Joseph Smith.

I could not tell there was so much noise.

Were you acquainted with Joseph Smith before that occurrence.

I knew him by sight.

You knew there was some person killed.

Yes.

How long was it from the time you went there till, the crowd retired.

As near as I could judge, about two minutes.

Did you hear any of them, say, anything about killing him, as they retired.

No.

Did you see any of them examine him after he was dead.

I did not.

How long was he dead before you saw him, was the blood still fresh and warm.

O. Yes.

Did the mob retreat pretty fast in going away.

As fast as they could walk.

Did you not see any of them run.

I don’t think they ran.

Did the most of them seem to be armed.

Yes.

What sort of weapons had they.

Muskets.

Had they any rifels.

Yes. Rifels of a peculiar kind with [illegible]

Had they any knives.

I think I saw a knife in the hands of one man.

Did anybody seem to be giving and command to the mob.

I did not hear any orders given.

Was there much noise upon the ground.

Yes there was much noise.

How many guns fired together.

About thirty, as fas as I could judge,

He retired.

[Direct examination by Josiah Lamborn]

John Paton Sworn:

Mr. Paton where was you on the day that Joseph Smith was Killed.

I was part of the day at home in the country.

Did you see Mr. Sharp that day.

I did

Did you see any other of these men that day.

Yes I saw them all.

Where did you see them.

I saw some of them in Warsaw, and some between here and Warsaw.

Did you see Davis, Oldridge, Sharp, Williams and Grover, in Warsaw early that morning.

I don’t recollect, of seeing all of them, then that day.

You saw some of them there that day did you.

Yes.

What were they doing when you saw them.

[illegible] was taking up the line of march to go to golden point.

Did you go to golden point.

[illegible] that part of the way, and was discharged.

Who discharged you.

[illegible] met Colonel Williams, and was discharged.

Was Sharp there, when you was discharged.

I don’t think he was.

How far from Warsaw when you was discharged.

We was five or six miles.

Was David, Oldridge, and Williams, there, when the company was discharged.

I think they were.

Was Grover there.

He was somewhere there a [illegible]

Sharp also.

I did not see him there.

What time of the day was you discharged.

Near twelve O clock.

Did you hear any of these men address the people upon anything.

I did.

Who addressed the people.

I think Sharp made a small speech.

Do you watch any of the speech.

I recollect some portion of it.

Did he say anything about Joseph Smith.

(the witness waited some considerable time before he answered)

I think he said that Joe Smith, was now in custody, and the Mormons would elect the officers of the County, and by that means, Joe would select his own, Jury and get free.

Was anything said, about killing, Joseph Smith.

No.

Did he was what should be done with him.

No.

Was there anything said, about their coming in here, with the troops.

Some of the Officers, I think Oldridge said something about it.

[illegible] it was Oldridge that was in favor of going to Carthage.

I don’t know that it was Oldridge, or some other of them, there was something said in the crowd, of going to Carthage I think.

What did the people there, [illegible] the [illegible], in common with these men, say they were going to Carthage for,

I could not tell, what their intention was, they did not say.

How many miles was that from Carthage.

Ten or fifteen miles.

What time of the day was it.

It was about twelve O. Clock of the day.

Did you see them, start for Carthage.

I did.

Did you see any of these five men among them.

I saw Williams among them.

Did you see any other of these men among them.

I saw [illegible] Sharp and Grover, and Davis, turned back to Warsaw.

Did you see David after that, any more that day.

I did not.

Did Davis say anything to the troops.

He did not make any speech he was [illegible] among the troops, I did not know what he said, I asked him, if he was going back, he said he was.

How many started to come to Carthage.

It is more than I can tell.

Did a hundred start this way.

I think there was.

What time of the day did they start for Carthage.

About twelve O. clock.

Was there any on foot

Some few.

Was Williams, Oldridge, Sharp, and Grover on horseback.

Grover was not on horseback, the other three was.

Who took the command.

I could not tell.

And Mr. Davis refused to go as Captain.

Yes.

Then I suppose Colonel Williams was over the whole concern.

I do not know.

How far, did you come, with them.

I turned off to the left.

Did you here any more speeches made.

Oldridge said something.

With regard to what.

He spoke of the grievances of the people, and that the Mormons, had the power themselves, and they must do something to stop it, that was about the substance of what he said.

What was the words Sharp used.

He said the Mormons, had the power to elect the officers, of the County, and that Joe, would select his own Jurors, and be set free.

Did he say anything more.

Yes, but I don’t recollect all his speech.

He said Joe, would select the Officers of the County, did he.

He did.

Did he say any thing more that you remember.

He said, the Governor had said whatever they did, to do it quickly

How long did he speak.

A few moments.

What were the grievances Oldridge spoke about.

He said that Joe violated the Laws, and trampled upon your rights.

Did Sharp speak before Oldridge.

No. Aldridge did not make a very fair start at it and Mr. Sharp arose up, and made the speech.

Was Williams, and Grover there at that time.

Williams rode up about the time Sharp was closing his speech.

And Sharp said the Governor said what you do, do quickly.

He did.

After they had got through speaking, what then.

Some went to Carthage, and some went home.

Was those who came to Carthage, going towards home.

Some of them some lived South, some South West.

Then they were mostly going from home.

They were.

Did Grover, Sharp, Oldridge, and Williams go with them.

They did.

You say Davis went back, what did he say, he was going back for.

He said he was going home.

Had he no excuse, for going back.

I suppose he was going back to attend to his business.

Did Colonel Williams say anything as they started for Carthage.

I don’t recollect of hearing Williams say one word.

What sort of a horse did Williams ride.

He did not ride a black one or a white one.

You don’t recollect the colour.

I suppose.

It was neither black nor white you say.

Neither.

Was it a sorrel.

It might have been a Sorrel.

How many baggage Waggons were there.

It is more than I can tell.

How many came this way.

I saw one, start this way.

Do you know who was driving it.

I think it was Mr. [illegible].

Whose team was it.

It was his own team.

Were there any others coming this way.

There might have been two or three.

Did they [illegible] their arms in the Waggons.

I don’t recollect.

Were they all armed.

We had our arms.

You don’t know that they put their arms into the baggage Waggons or not.

No.

Did you see Oldridge team there.

I don’t know that he had a team he was riding if I recollect right. He might have a Waggon there and you not know it.

I don’t know whether he had or not.

Do you recollect the day of the month Smith was killed.

I think it was 27th June 1844.

Was it not a little after [illegible] they started for Carthage.

It was about twelve.

Was that near the Railroad shanties.

It was night at that place.

Which direction did Williams leave from that.

A Southern direction from that.

Retired-.

George Walker Sworn:

Mr Walker, I’ll get you to the Jury, if you saw any of these five men, on June 27th 1844, the day that Joseph Smith was murdered.

I am not positive that I saw all of them, that day, though I think I saw some of those gentlemen. that day,

Who of them did you see that day.

I think I saw Davis, Grover, and Williams,

Where did you see them.

I saw them at different places, I saw them at Warsaw, and at the Railroad shanties,

Do you recollect of seeing Sharp that day.

I cant say.

Do you recollect of seeing Oldridge that day.

I cant say.

Did you hear Davis, Williams, and Grover, say anything about, coming to Carthage.

I did.

What did Williams say about it;

It would be impossible for me to identify the [illegible] he made.

Well as near as you can.

He stated that Governor Ford, had done all he could do, and gone as far as the law authorized him to go in the then existing circumstances.

Did he say anything of coming to Carthage.

He said something about it,

Was there anything said about volunteers.

Yes. there was a call made for volunteers.

Do you recollect who made that call.

I do not.

Do you recollect if any of these men were present when it was made.

I do not recollect.

Did Colonel Williams say anything about the Mormons,

Not to my recollection

Did he speak of coming to Carthage.

He did.

Did you hear Davis say anything of coming that day.

I heard him say something of not coming.

What did he say about not coming.

He said he would be damned if he would go to kill a man, that was confined inprison.

Who was he talking to.

to myself and others.

Who was present beside yourself.

I am not positive

Did you hear Grover say anything, about coming.

No.

Did you see these men start.

I cannot say I did.

Was there anything said, publickly that day in the crowd beside what you heard Davis say, about the killing of the Smiths,

probably I heard something said by some individuals at this time.

Did they talk publickly about coming to kill Smith.

I did not say I heard any body.

What were they going to Carthage for.

That is beyond the extent of my knowledge.

You was discharged, and went home about your buissness I suppose.

I did.

And Davis swore, he would not, go to Carthage, and kill a man in Jail.

He did.

What colour of a horse did Williams ride.

He was riding abay mare.

Do you know anything, about the baggage Waggons.

I do.

How many were there.

Eight or Sic at least.

Did you see a man of the name of Brackenberry driving one of the waggons.

I did not.

Had Oldridge any Waggons, there.

Not to my knowledge.

Do you know a man of the name of Fuller having a baggage Waggon there.

I do not know.

Then retired.

Mr. Worrel Sworn:

Mr. Worrel, was you one of the gaurd, at the Jail, the say that Smith was killed.

I was.

Was you in town all that day.

I was.

Was you near the Jail.

I was.

Did you see Smith where he was killed.

I did.

Did you see any of these five men there.

I did not.

How many men were there at the time Smith was killed.

I could not say, but I suppose from one to two hundred.

How long did they stay.

I suppose three or four minutes.

What did they do, when they first, came.

The first motion was to come up in front of the Jail and when they had got formed there, they made a rush for the door.

Did many go up stairs.

I could not say.

Was smith shot in a number of places.

I can not say I never examined the body.

Did you see any body there, you knew, after the deed was done.

I did not.

Was there a good deal of confusion.

There was.

Was any of them disguised.

Some looked as if they had wet there hands, and put powder on their faces.

How many were disguised.

In my opinion about thirty or forty.

The thing was done in great hurry and confusion I suppose.

It was.

Did you hear anything said.

I cannot say, the pieces were going off, all the time, so that I could not either see, nor hear, anything said.

Where was you, when they made a rush to the door.

I was at the door.

Then you stood in the door.

No I was sitting on the door, step, when the men came up.

Did you change your position.

I was pushed, and [illegible], away about fifty feet in the crowd.

Did any go into the yard.

[illegible, looks like ‘These’ or ‘There’] did.

How far is the fence, from the door.

It is about fifteen feet from the door.

Smith was killed inside of the yard.

I suppose. He was.

How many of the mob, was inside of the fence.

The larger portion of them was inside of the fence, but there was some out and some in.

Did any stop to examine his body.

No.

Did you see Smith when he died.

I did.

How long did he live after he fell.

Not to exceed a minute after he struck the ground.

Did you see him hanging in the window.

I did not.

You saw him die.

I did.

Which way did the Mob, come.

From the direction of Nauvoo a north western [illegible] down the fence.

Is not that the [illegible] direction to Warsaw down that fence.

No it is direct from Nauvoo.

Which direction does the fence run.

It runs directly west, the Warsaw road is a little South.

What is the direction from here to Nauvoo.

It is north of west.

Could they not go to Warsaw and go that way.

They can go to Warsaw by [illegible, looks like ‘quitting’] the road.

In what direction is the Railroad shanties.

They are in a direct line to Warsaw, a little south of west.

Were their any on horseback.

I don’t recollect of seeing any on horseback at the time.

Did the men in town come up, after the Mob had retired.

There were men, who had been in on duty from the country and some of the citizens, came up.

Did you see any of these five men come up with them.

I think I saw Mr. Oldridge come up with them.

How long after Smith was killed was it that you saw Mr. Oldridge there.

About fifteen minutes after the event.

What time in the evening was it.

Between five and six O. clock.

Did you see Williams there.

I do not recollect, I am satisfied I did not see him there.

Was he in town.

He was.

How far is the Railroad shanties from Carthage.

Twelve miles.

Was, Grover here.

I did not see him.

Was Davis here.

I did not see him.

You saw Williams and Oldridge, both here that evening.

I think I did.

You are acquainted with almost every body in the County.

I suppose , I am acquainted with about one third.

And there was between one hundred to one hundred and fifty people there and you did not know a single one.

No there was such a hurry I could not tell who was there.

He retired.

Franklin Worrel Captain of the Gaurd, that was at the Jail, when the Mob, came up, was again called into the witness box by [illegible, looks like ‘Squire’] Lamburn to ask him questions that were before omitted, Mr. Browning for the defence, stood up in opposition to his asking him any further questions, which cause an investigation of the Law upon the subject which lasted some time, but [illegible] was finally decided by the Court that Mr. Lamburn have the privilege with strict injunctions, upon the witness not to answer any questions that would implicate himself.

Mr. Worrel, Do you know if the Carthage [illegible, looks like ‘Greys’] that evening loaded their guns, with blank catridge,

at this question Mr. Browning and Mr. Richardson spoke out to the witness saying you need not answer that question.

I know nothing about the Carthage [illegible, looks like ‘Greys’], only the six men that I had to do with.

Well do those six men, load their guns, with black cartridge that evening.

I will not answer it.

Let it go to the County there in that way, that he would not answer the question for fear of implicating himself.

-Retired-

(Mr. Lamborn called upon Worrel again to answer a few more questions, it was opposed by the Defendants counsel, Mr. Lamborn complained of the manner he had [illegible, looks like ‘disapointed’] in the [illegible, looks like ‘geting’] of his wittenesses, it was desided he should examin Worrel again.)

Mr. Worrell I would ask you if during that [illegible] you saw Williams before the mob came [illegible]?

Yes.

Did you hear him say anything in reference to the killing?

I did not.

Did you see any of these other men before the mob came up?

I [illegible, looks like ‘do’ has been written over ‘did’] not recollect but I think I saw Mr. Sharp.

Where was Williams that afternoon?

In the street.

Did you speak to him yourself?

I think not.

Did you know of any Carthage [illegible, looks like ‘Gray’] sent out that day?

No I do not think any [illegible, looks like ‘Gray’] went out that day.

Cross examined by Mr. Browning.

What time in the morning did you see Sharp?

About 8 oclock the time the orders where given to disband the troops.

Do you know wether he had staid in town the night before?

I do not know.

He retire

Mr. Baldwin Sworn:

Mr. Baldwin, was you in town the day that Smith was killed.

I was.

Was you at the Jail,

No.

Was you there afterwards,

I was.

Where was you when they were killed

I was between the Court house, and the Jail,

Did you see any of these five men in town that evening.

I saw Williams and Sharp, and it appears to me, I saw Oldridge and Sharp together

Did you see Davis and Grover.

I think not,

What time did you see Sharp and Williams.

Sometime in the afternoon, I cannot tell exactly what time.

Did you see them before, or after the killing.

I saw them before,

How long before the killing took place.

some two or, three hours, I am not sure how long.

What was Williams doing before the killing took place,

I cannot say.

Did you see Williams making any arrangements with the Carthage Greys,

I did not. I was not very well, and did not stir about much till after the disturbance.

What time did you see Sharp, with Williams, was he here at the same time you saw Oldridge,

I am not positive, I think he was,

Was Oldridge, Williams, and Sharp all here, before the Mob, came up.

I think they were.

You are sure of Sharp and Williams, and they, are all you are sure of.

Yes

When the Mob came to the Jail immediately after Colonel Williams, went down with the Greys. Did you go down too.

I did.

Did you hear, an alarm Gun fire.

I did not.

Did you hear any Gun fire at the Jail or at the edge of the timber.

I did not.

Was you in town.

I was in, and out, several times.

Were the Smiths killed, when the Greys arrived at the Jail.

Before the Greys got there the men were dead.

Was Colonel Williams with the Greys,

He was,

He went with them to shoot the Mob, I suppose.

I cannot say.

Did the Greys go very fast to the Jail.

Yes.

I suppose they were prepared to fight, very bravely,

Yes,

How far were the Greys from the Jail.

About one Hundred and fifty yards.

Did they follow in after the Mob.

Yes and found Smith killed.

Were the Greys left here to gaurd the Jail.

They were.

How many were appointed to gaurd the Jail at a time.

Seven men.

Was Williams and Sharp in town, with the Greys,

I saw Williams, and Sharp in the Street.

Did Sharp go over with the Greys, to the Jail,

I don’t know.

I suppose the Greys started for the Jail pretty quick, after the firing commenced.

They did.

Did it surprise them much, when they saw, that Smith was killed.

I don’t know.

Was Williams on horseback.

I did not see him on horseback.

Was he in a Buggy or any sort of a vehicle.

I beleive not.

He retired.

Lawyer Backman Sworn:

Mr. Backman. Did you see any of these men in town, the day that Smith was killed.

I did. I saw Colonel Williams and Oldridge.

What time did you see them first.

I saw them before the firing.

How long before.

I saw Oldridge a few minutes before, some fifteen, or Twenty, he came down to get his dinner.

How long was it before the firing that you saw Mr. Williams.

I saw Williams going in the line of march up to the Jail.

Did you see Williams after they returned from the Jail.

No. I was called on as a Juryman, immediately after,

Did you see Williams immediately after with Wilson speaking about the killing.

No Sir.

Did you see Sharp there that evening after the killing.

No.

Did you see Grover there that evening after the killing.

No,

Did you see Davis here that evening.

No,

Do you belong to the Carthage Grays.

No I belong to the Riflemen

Who was commander.

Wesley Williams had command.

How many companies were left as a gaurd to gaurd the Jail.

Two companies were left here.

Did you hear Oldridge, or Williams, say any thing about the matter, that evening.

No,

Did they stay in town that evening.

Few persons stayed in town that evening, for the Governor told us, all to leave here, the same night

Was you in Warsaw that night.

No.

Where was you.

I cannot tell you exactly.

Retired.

Mr. Camfield Hamilton Sworn:

Mr. Hamilton. do you live in Warsaw.

I do.

Did you keep a tavern in Warsaw at the time this affair took place.

I did.

Was you at home that night.

I was.

Did a good many people, that night, call at you tavern for Supper.

There was a good many there for Supper.

How late at night,

About dark.

Did some come late at night say about Eleven of Twelve O’clock that night.

Not that night.

Do you recollect of a large number getting a supper at Fleming ‘s Tavern that night.

It might have been and I not know it.

Did you see Sharp, in Warsaw that night.

I beleive I did.

What time.

About Seven, or Eight, O’clock.

Did you see any of these other men in Warsaw that night.

I beleive I saw them all in Warsaw that night.

What time did you see them.

I saw Grover, and Davis, about Eight o’clock

Did you see Oldridge there that evening.

I think he was.

Did you see Williams there;

I don’t know that I did.

Were they saying anything, about Smith being killed in Carthage,

the news was all over the town about Joseph and Hyrum, being killed,

Was every body talking about it that lived in town.

It was generally talked of.

You say you saw Oldridge about Seven, or Eight O’clock. I think it was about Nine.

And it was known all over town, that the Smiths, were killed.

I cannot say.

Did you hear Sharp, and Grover, say anything about it.

No.

Did you come to Carthage yourself that say.

I did.

Did you see them on the road.

I did not.

How did you travel down to Carthage.

In a Carriage.

Was any one with you.

Yes, there was two or three men with me;

Was Oldridge in town here, when you came in.

I beleive not.

Did you see Williams, in town here.

I did not.

Did you ever hear Williams say, he knew all about it.

Not that I know of

He retired.

Court adjourned until one o.clock p.m.

Eli H. Wilson Sworn:

Mr. Wilson do you live in town.

I do.

Was you in town on the day that Smith was killed.

I was.

Was you up at the Jail.

I was.

What time was you at the Jail.

A few minutes after Smith was killed.

Had the crowd left.

No.

Did any of the companies know what was to transacted at Carthage Jail.

No body knew.

Did you see any of these men, on that day.

I did.

Who did you see.

I saw Williams, Oldridge, and Sharp,

Did you see Grover, or Davis,

I did not.

What time did you see them.

I saw Williams, and Oldridge, three or four minutes before the firing.

Did you see Sharp, about that time.

I am not sure, whiter it was at time, or before it, I don’t recollect.

Where did you see Oldridge

I saw him at the street corner of the public square.

Where did you see Williams.

In the direction of the Jail.

When the company started for the Jail, Where was Williams,

I don’t know.

Was he not in Davis’s.

I did not see him there.

What did Williams, and Oldridge say, when the firing commenced.

I did not hear them say anything.

Was there anything said about it when the firing commenced.

There was something said about it in the Camp.

Was any of these men in the Camp,

I think not, but I saw Mr. Oldridge, pass along the square going east, just before that time.

Did you hear him say anything about the firing.

I did not.

How near did the Greys, come to the Jail.

They came up to the Jail.

Was Williams, along with you, or in advance of you.

I did not see him.

Was it understood that Smith was to be killed that evening.

There was no such understanding

Did not Williams, and Oldridge say something about it.

No.

Did not the Carthage Greys halt, a short time, before they went up to the Jail,

I don’t recollect, some were scared.

How long was you from the time the first Gun, was fired till you got to the Jail,

A short time.

Was it Ten minutes.

No.

Was it five minutes,

No,

Were you all ready to go.

We got ready pretty quick.

How far away were the men that killed Smith when you got there were they out of sight.

No.

How many yards were they off,

about three hundred Yards, and perhaps , a little more.

How far from this corner of the Jail, where you stood,

About four or five hundred Yards.

Do you think it is three hundred Yards from the public square to the Jail.

I think it is.

You say you saw Williams, and Oldridge there before the firing commenced,

I saw Oldridge pass along the North West corner, of the Square,

Did you hear an alarm Gun,

I don’t recollect any only the firing I heard,

When the Company was called out who called out the Company.

I did I am the Sergeant of the Company.

Did you see any body on the Court House giving signals.

I beleive I saw some person on the Court house.

Did you see that person on the court house, when the firing commenced,

I don’t recollect,

Who did you see, on the court house.

I could not say.

How many did you see on the court house.

I could not say,

Was there more than one on the Court house.

I think there was,

Where was the person on the Court house. Was he upon the cuple,

He was.

How long was it from the time you heard the first Gun, to the time you left the square was it as long as would take a person to get on top of the courthouse.

I don’t know.

You recollect you saw a person upon the Court house, before you heard the Guns fire at all.

I do not.

What was Williams doing, when you saw him about the town,

I saw him stand in the Square, before William Morrison’s door.

Was he talking to anybody.

There was some person standing there.

Had he said anything to you.

No,

Did you command the Carthage Greys, when they went out.

No,

Who did.

Captain Smith.

Did you see Smith after he was killed.

I saw them, carry him into the house.

Did you see him fall, from the Window,

I did.

Where was you when he fell.

Near the corner of the lane.

How far from the Jail.

Not very near, for we could see, from the Square to the Jail.

Which way, did Williams, go to the Jail.

I did not see him, start at all.

When you got to the Jail, the Mob, was three hundred Yards , off you say.

I think so.

Did you make any pursuit after them at all.

No,

How long, did the Mob stay after they killed Smith.

I could not say how ling.

You can say something near, how long did they stay two, or three, minutes after Smith fell.

I think not.

Was there firing, after Smith fell.

There was.

Did you see Williams that evening after the occerence.

I don’t recollect.

Did you hear him say anything about it since.

No,

Have you heard, any of these other, men say, anything about it since.

I don’t recollect.

How long had Colonel Williams been in town that evening, before you saw him.

I don’t know.

Do you recollect of seeing him any time before that.

I don’t recollect.

Do you know anything more about this matter than what you have stated either directly or indirectly.

No.

Did you see anybody at the Jail that you knew.

No,

Did you see anybody on horseback.

No,

Did you got out on the way that these Murderers went,

No,

Where did the company go to did they go to their encampment.

No.

Was you in Warsaw that night.

No.

Retired.

[Direct examination by Josiah Lamborn]

William M. Daniels Sworn:

Mr. Daniels stand up and tell the Jury, what you know about these five men, Williams, Sharp, Oldridge, Grover and David, Where was you on the day of that occurence.

I was in Warsaw and Carthage.

On the morning before the murder was there a meeting at Warsaw.

It was understood, that we should march that day, to Nauvoo, I understood so from the Governor, address, I saw Williams there Captain Davis, and Grover, and Oldrige (pointing to each man as he named them)

Did you see Sharp.

I saw him that day but not that morning.

What time did the Company start.

In the morning, I cannot tell what time.

What did they go to.

To the railroad shanties.

What was done there.

Disbanding the troops by Colonel Williams.

What was done after that.

Sharp made a speech to them.

Did any body else make a speech.

I don’t recollect of anybody else, making any speeches.

Don’t you recollect of any other of these men, making a speech besides Sharp.

No. Only Williams, read the disbanding orders.

Then you don’t recollect of any other making speeches, but Sharp.

I don’t recollect.

What did Sharp say.

It is impossible for me to recollect all the speech but I will tell, as much as I recollect, He said that it was necessary to get rid of the Mormons.

Did he say any thing about the Smiths, and if he did, what did he say.

He pointed out the [illegible] killed Smith to get rid of these Mormons and he wanted them to march through to Carthage, He wanted Captain Davis to go with his Company.

What did Captain Davis say to that.

He would not do it, and told them, if they wanted him to go to Nauvoo, he would go with them but to go to Carthage he would not do it.

Did Davis say he would meet them here, or he would come round, another way.

No, Davis said he would go home, and called them damned cowards, and said they would never, elect him Captain again.

Did you hear Colonel Williams say anything about coming to Carthage.

I don’t recollect.

Did you hear Oldridge say anything about coming to Carthage.

I don’t recollect that I did.

Did you hear Grover say anything about coming to Carthage.

Grover, said he would go alone if nobody else went.

Did you hear any of these men say what they were going for.

It is impossible for me, to recollect, the words they said.

Did you come with them to Carthage.

I came with them within four miles of Carthage.

Was there a call made at the railroad shanties for volunteers.

There was, and Davis said he would not go and his Company

Did they say what they were going to Carthage for.

I cannot tell the exact words they said.

Well tell as near as you can.

Their object in going was to kill Smith.

How far were they from Carthage at that time, were they ten or twelve miles.

I don’t know how far.

How long was you coming from there till you left them.

I cannot say.

What time of the day was it, when you was, at the railroad shanties.

About noon.

Did the men carry their arms.

Some carried them, and some put them, in the Baggage wagons.

Were they on foot or on horseback

They were mostly on foot.

Who did you see on horseback.

I saw Mark Oldridge on horseback.

Was Colonel Williams on foot.

I cannot say, Sharp, was on horseback. Grover was on foot.

How many do you think started this way.

I should think between sixty and one hundred.

How many baggage waggons was there.

I cannot say.

Was there more than one.

I should think there was two or three.

Where did you leave the company.

About four miles from Carthage I should judge.

Were they altogether, when you left them.

They were scattering along.

Did they come to a halt four miles from Carthage.

They did.

Did these men come into Town in advance of the body.

Oldridge left and came in first.

Did he leave alone.

I cannot say.

Did Colonel Williams come with the troops.

I don’t recollect of seeing him after we left the railroad shanties.

Did Oldridge remain with you till within four miles of Carthage before he left you.

I believe he did.

Was Sharp along with the company.

I never saw him after we left the railroad shanties.

Was Grover along with you.

I did not see Grover untill we came, within, four miles of Carthage.

Was there any division, of the companies, at the four mile point.

The wagons, kept straight on the road and the men turned up a hollow.

Do you know whether Davis, came to the baggage wagons again.

I do not.

How far does that hollow reach.

From the timber to where they turned off on the prairies.

Is there timber between here and where they turned off.

There is.

Well explain it to us.

They took that hollow to the left of the road, and that hollow led to the timber and I came up the road.

And what became of you then.

I came into Carthage.

How did you travel.

On foot.

Had you any gun or anything with you.

I gave it up, when I was disbanded.

Did you get here before these men.

I did.

How long before them.

I could not say.

Did you see any of these men, before the main company, got here.

I think I did not.

When you came to Town, did you come to the Square.

I went to the Jail in the first place.

Who did you see at the Jail.

I don’t know.

Did you speak to anybody at the Jail.

No.

What did you go to the Jail for in the first place.

To see what they were going to do.

Did you see anybody at the Jail.

I saw the gaurd.

Did they speak to you.

No. They were marching round.

Why did not you speak to them, and tell them, the mob were coming up.

Because they knew about it, as well as anybody else.

Did you hear before you got up, that the gaurd was to have their guns loaded with blank cartridge.

I understood so.

How long do you say it was from the time you came to the Jail till the time the mob came.

It was from five to fifteen minutes.

Was there a signal gun fired before the Mob came up.

There was guns fired.

How many.

Two or Three.

How far were the troops from the Jail when the guns was fired.

I cannot tell.

Were the men that came up disguised.

Some of their faces were blackened with powder, some were black, and some were not.

How many were blackened.

I could not say.

Where did you stand.

Probably fifteen, or Twenty feet, off the Jail, outside of the yard.

Did any of them, say anything, to you when they came up.

No.

What did they do after, they came up their.

Killed the Smiths.

Tell us how they approached the house.

They came up, with a single file, in front of the Jail.

Did they surround the Jail.

No.

In what direction did they come.

They came up the fence, that was from the Jail to the timber.

How many got over the fence.

I cannot say.

How did they carry their guns.

I could not say.

Did you see Smith fall from the Window.

I did.

How far was you from him.

I was out on the road East of the Jail, the crowd was between me and him.

Was he shot, before he fell, or not [illegible]

He was not.

How long, was it, after he fell before they left him.

It was a short time.

How many guns were fired after he fell.

I could not tell how many.

Was their one fired.

Yes there was more than two, Three, or four, and may be more, there was a considerable firing.

Did you see Oldridge there at the Jail.

I did not.

Did you see Sharp at the Jail.

I did not.

Did you see Davis there.

I did not.

Did you see Grover there.

I did.

Where was he, and what was he doing.

He was running towards the door of the Jail.

Before or after the death of Smith.

Before.

Did you see Williams at the Jail, that evening.

I did.

Did you see him when you first went there.

No.

Which way, did Williams, approach the Jail, when you first saw him.

I cannot say which way he came, he was right there, in the middle of the road with one, of the Carthage Greys on the east side of the Jail.

At what time did you first see Williams.

I saw him before the firing.

Had they gone, into the Jail, before you saw him.

No.

Had they first surrounded the Jail before you saw him.

They had come up to the Jail before I saw him.

Did you see Grover after, during the conflict,

I saw him, about the Jail.

Was he armed.

He has a double barrel shot gun.

Did you hear Grover say any thing.

I don’t know that I did.

You did not see Oldridge, Sharp and Davis at the Jail that day.

No.

Did you hear Williams say anything.

Yes. he said rush on boys, their is no danger.

Did you hear him say any thing else during the conflict.

Yes. he hallo’ d for them to come round to that side of the Window.

And what was done when they came round.

He told them to shoot the damned scoundrel.

Did you see him after that.

I don’t recollect seeing him after.

Where did you go that night.

To [illegible] Bear Creek.

Who went with you.

a couple of men whose names I do not know.

Was you on foot, or in a wagon.

On foot.

Were these two men in Carthage.

No.

Did you see Smith after he was dead.

I saw him after he was shot.

You supposed he was dead.

I did.

Had the Mob retreated then.

No.

How long after, you supposed that Smith was entirely dead, the whole of them left.

I could not say.

Did they retreat in a great deal of confusion.

They did.

Did you see any drinking that day.

They had some liquor with them.

Did you drink any of that liquor.

I did not. but they drank, and acted, as if they were drunk.

Are you they author of that book, entitled, a correct account, of the Murder of Generals Joseph, and Hyrum Smith, at Carthage on the 24th day of June 1844, by William M. Daniels, an eye Witness.

I did not write it Sir.

Who did.

Mr. L. O. Littlefield.

Did he write it from what you told him.

Yes I told him the statements, several times after it occured.

Did you see the manuscript before it was printed.

I saw it sometime before it was printed.

There is something said, in the book, about some light well tell us about it.

I suppose it will astonish you, to tell you that, I saw a light.

Well explain it to us.

It is represented in the book rather different than what it was.

But it is true that you saw light.

Yes.

might it not have been the reflection of a musket.

I don’t say what it might have been.

Was the light seen by any that was standing by except yourself.

I cannot tell.

Upon the whole is the composition of that book true did you state the circumstance to Littlefield as you now relate them.

I think I did.

Was you alarmed at the time you saw the light.

Yes I was considerably excited.

Did you believe in the Mormon Church at that time.

I did not.

Do you now.

I do.

Do you live in Nauvoo.

I do.

What is your buisness.

I am a Cooper by trade.

Do you follow, that business now, for a living.

Yes I do.

In what State was you raised.

In the state of New York.

What is your age.

I am Twenty four years of age.

How long have you been in the state of Illinois.

Seven or Eight years.

Did you ever live up in Cane County.

My father and mother did.

Was Williams position between the Greys, and the Jail.

It was.

He was not very near the Jail.

No.

You say, you don’t know, which way he came when he came there.

No.

How long was it, after Smith was killed, before the Carthage Grays came to the Jail.

Not a great while.

How far has the Mob got away before the Greys came.

I could not say.

Did you leave town immediately after this occurence.

I did.

Cross examined by Lawyer Browning for the defence:

Mr. Daniels where were you living at the time the Smiths was killed.

About three Miles from Augusta.

How long did you live there before the murder.

About one year before.

Do you reside in Nauvoo now.

I have lived there for the last six or Eight Weeks.

When did you go to Warsaw.

Before this occurence two or three days.

Had you been there all the time for two, or three days prior to the killing of the Smiths.

I think I had.

What was you doing there.

I was not doing anything.

For what purpose was you there.

I was there in order to take a boat for St. Louis.

But I suppose you got disappointed and declined going.

Yes.

Have you and particular reason for abandoning your trip to St. Louis.

I had.

What was that reason.

The person, I expected to go in company with, one did not go, and I stayed there.

Did you belong to any of the Military companies.

Not untill, the morning before the murder, on that morning I joined the company.

Who was the Captain of that company.

Captain Davis.

Did he furnish you, with a gun and Baynet.

No.

At the time you joined the Company, did you report yourself to the Captain.

I did not know, who was the Captain.

Did you know Captain Davis.

I had seen him.

Was it him you went when you joined the Company.

I don’t recollect who it was.

Who furnished you with a gun.

I don’t recollect.

At the time, you joined that Company, and before you joined it did you know of any intention to Murder the Smiths.

I know of their intentions, to murder the Smiths, before that I joined, the Company.

When was you [illegible, could be ‘possessed’] of the knowledge of such an intention.

The night before I joined the Company.

In what way was you [illegible, could be ‘possessed’] of that knowledge.

From hearing the Officers the Officers converse.

Who did you hear converse.

I heard Grover, Oldridge, Davis, and Williams, I am not certain of anyone else.

Who of them was speaking.

They all said something.

Can you tell us the substance of what they said.

They talked of sending thirty men to Carthage to Murder, the Smiths.

Did they agree upon it.

They did.

Where were they talking.

On the parade ground.

Were their any other persons present, besides themselves.

I think there were.

Who was there beside them.

I cannot say.

How many were present together, Officers and men.

I cannot tell you.

Do you think there was, a dozen.

I don’t think there was.

Was their half a dozen.

I think there was.

And they were in close, confident, secret talk.

They were.

Where were you.

I was there.

Were all their backs towards you.

No.

You was behind some, and facing others.

Yes.

When you came up did they quit talking.

No.

Were you personally acquainted with any of them.

I had seen them before.

What time of the evening was it when you heard this.

Before dark.

They were standing out, on an open piece of ground, were they.

Yes.

There was no bushes about them, they made no secret of it.

No.

They did not care if every body should hear.

They were by themselves.

Out of what Companies were the [illegible] men appointed.

They appointed them out of Davis, and Grover’s companies.

Was Davis and Grover, present.

Yes.

In what way, did they, appoint them.

They called them out, some went, and some refused, to go.

Was you called up.

No.

At the time you joined Davis company did you do it with A veiw to go and kill the Smiths.

No.

What did you do it for.

That I might find out there purposes, and inform the Govener.

Could you belong to any of the companys without any body knowing it.

No.

Did any body try to prevent you from going to Warsaw.

No Sir.

After you first went to Warsaw you had started to go to Quincy has you not?

Yes.

Did any body stop you then.

No.

When you came to Warsaw what did you do.

I was put under guard.

Where did they put you.

I was put into a tent.

Who was guarding you.

I don’t know.

Did you know what they had arrested you for.

To keep me there.

Was this after the conversation.

Yes.

Then when they had got through they turned round and talked with you.

Yes.

Did Grover, Alridge Williams or Davis talk with you.

I cannot tell.

Did any one of these men speak to you upon the subject of the murder.

No.

How long was it after that before they had you arrested.

Night off.

Was there any body els put under guard.

I don’t know.

How many men was there.

Could not tell.

Was there fifty +

Did not count. I suppose the whole company would have watched me, they kept men up all night at the door of the tent.

You say this Pamphlet contains substantially the scercumstanses as they occured.

I said they where written by L. O. Littlefield.

You have read it have you not.

I think I have.

Is the account generally A true one. There is A good many facts in it.

I don’t know.

Is the account given here of you march from Warsaw as you gave it to Littlefield.

I think so.

Did you ever take it to A printing Office to have it published.

Littlefield did.

Did you go with him.

Yes.

Is that the same account you took to get published.

No.

That one was lost.

Then this is A different one.

Yes.

You made A new one – is there any difference between the two.

I have not compared them.

Is the facts of the same purport.

I think they are.

I see an advertisement with you name signed to it. Did you make it.

I did, but did not see it till it appeared in the paper.

A Daniel’s come for judgment. Pamphlets for sale as A true Narrative of the facts conected with the Murder of the Smiths. You advertised this.

I told Mr. Felps, and he put it in the paper in the form.

When you came to the Rail Road the troops where disbanded by Williams.

Yes.

After the troops were disbanded volenteres where called upon to go to Carthage.

Yes.

For the purpose of killing the Smiths.

Yes.

What time did you set out that morning.

About noon.

How far is the railroad from Warsaw.

I don’t know.

How far do you think it is.

I have no idea.

What time in the morning was it that these 20 men started to go to Carthage to murder the Smiths.

Early in the morning.

How long was it before you all left Warsaw together.

it was early when we left Warsaw.

Those 20 men started before you did.

Yes.

After they had got to the Railroad, as they had sent on twenty men, why did they beat up for volenteres to do the same thing.

They had sent after them to stop.

Did you see any white horses.

I did not.

When did the 20 Men sent to Carthage come there.

We met them at the crossing of the Railroad.

You all waited there until these twenty men returned.

Yes.

How long did you wait.

I cannot tell how long.

Did you see any among them riding a whit horse when they came back.

I don’t remmember.

When these 20 men returned did they make any report of what they had done.

I did not hear them say what they had been doing.

Did they not talk the mater all over when they came along.

The greater part of them was talking.

What time of the day did you join Davises company.

It was in the morning.

Before the march.

Yes.

Was you under gaurd.

Yes.

Did they permit you to leave the tent.

Yes and kept A file of men round me.

So you where A prisoner when you joined the company.

Yes.

You stated while going that Alridge and Sharp where on horse back.

Yes.

You stated also you saw no more of them till you saw them here in Carthage.

Yes.

You stated you did not see Williams till you saw him at the Jail.

I don’t recollect seeing him till them.

Where there no speeches made.

There was one made.

By who.

Sharp.

Did any other speak.

I did not hear any body.

Was Mr. Sharp standing or sitting.

He was sitting on his horse.

You cannot recollect any part of that speach.

Some parts of it.

Repeat those parts you remember.

The purpose of his speach was upon the necessity of killing the Smiths and get rid of the Mormons.

Was it not to get rid of the Smiths.

I mean to say that he said kill the Smiths.

[illegible] this the speach as repeated at length.

I do not know I did not write that speach.

(Refering to the speach in Daniels Book) Is this the spech Sharp made.

I told Littlefield the scercumstance and he put in the filling.

Was any thing said about the Govener.

Yes.

Tell it.

He said the Governer while at Nauvoo would get the news that the Smiths where killed, and the Mormons would rise and kill him.

Repeat now again what Sharp said about the Governor.

He said, that if they killed the Smiths the Mormons would rise and kill Ford.

Do you remember that Sharpe in making that speach swore or used oaths.

I do not recollect.

This speach concludes in these words (read the Pamphlet) “And we shall then be rid of the damned little Governor, and the Mormons too.-(cheers)” When the speach was concluded they cheered him.

Yes.

They seemed pleased I supose.

Some did and some did not all the troops cheered him.

There was likly to be A failour in getting in getting up volunteres.

Yes.

Did any body seem willing to start first.

Grover said he would go alone if no one els would go.

How meny where there who did voluntere and went, 70 o r80.

I don’t know exactly the number.

Did you count them.

I ran them over when the came up to the jail there was about 84.

After the troops where disbanded where you still under guard.

No.

You staid with the companys till they arrived within 4 miles of Carthage.

Yes.

When did Mr. Olridg have to go on.

4 miles from Carthage.

Did any body leave with him.

I don’t know. I did not see him when he left that place at all.

So you did not see him when he left how do you know he left you came on to Carthage.

There was the last I saw of him.

You did not see him leave.

No.

Did you see him start in the direction of Carthage.

I don’t know I did not see him any more after, for he did not go with us.

When did he leave the company.

I do not know when he went.

You did not see Williams after he left the railroad till you saw him here.

No.

At this 4 miles place did not conection take place between the Carthage Grays and Mr. Alridge.

Yes A note was brought by one of the grays which was read by Olridg.

Did Mr. Olridg read this note aloud.

Yes.

You heard him tell what it was.

He read it off.

Did it read as it reads in this Book.

I don’t know how it reads there.

(read the Pamphlet) Is it the same.

[illegible] this nigh the same.

[illegible] was delivered to Alridge.

Yes.

When you came to Carthage did you come alone.

No.

Who came in with you to Carthage.

I don’t know them.

Would you know them if you should see there faces.

I cannot say.

As you came did you and them have any conversation about this matter.

No.

And the troops permited you quietly to step out without puting you under guard.

Yes.

Had you A gun when you left the Railroad.

No I put it in the wagon.

Did any one of them know you was opposed to the murder of Smiths.

I do not no wether they did or not.

Did you say any thing to disswade them from it.

No but if the Agusta troops had been their it would not have been so.

Why did you not send in to Carthage to give them warning.

I told you before, they knew about it as well as any body els.

When you got to Carthage you went directly to the Jail.

Yes.

Did you go within the enclosure out side of the Jail.

No.

How far was you from the fence.

I was about the midle of the road.

in what direction from the Jail. In what position did you stand to the Jail when you first wen there.

In the front or south of the Jail.

Did you see any thing of great account there.

I did.

What did you see.

I saw the Mob.

Where in side or out side the enclosure.

Inside.

How long was it after the troops came their, before they left again.

I cannot tell.

Was it as much as ten minites.

I have no Idea.

Have you not some little Idea.

It might have been 15 minites I could not say.

Was there any strugle with the gaurd.

Yes.

Tell us about that.

They had A scuffle.

Did the guard fire at all.

I believe they did.

You kept your possition in front of the jail from the time you went up in front of the window.

I was in front of the Jail.

Did you go inside of the enclosure at all.

No.

Could A person get into the jail without first going through the enclosure.

I believe not.

About how far to the best of your knowledge is it from the front of the Jail to the fence.

About ten feet.

How far out side of the fence to where you was standing.

I was standing in the midle of the road.

Where you as far from the fence on the out side as the jail is on the other.

Yes.

You stood not far from the jail door in the midle of the road.

Yes.

Did you see any wounded men on the steps.

Yes.

How meny.

[illegible]

Did you see more than tow.

I saw three.

Did you see more than three.

No.

Did you know any of them.

Yes one of them.

Who was it.

Wells.

You did not know the other two.

No.

Did you hear these men say any thing about being shot.

Once said his arm was shot all to pieces.

This was Wells.

Yes.

Where any of these men mortaly wounded.

I do not know.

Did you see the blood run out of his arm.

Yes.

Did you see the wounds of the other two.

No I did not examin them.

How did you know the other two where wounded.

I saw the blood one of them was hurt in the leg.

Was it before or after these men came down stairs they went to the window.

After.

When the call was mad to go round to the windows you ran round.

I walked up.

Where did the wounded men go to.

One of them went round to that side of the Jail.

Where did you see the other two.

I saw them there.

Do you know how they got away from there.

I do not.

Where they the ones shot Smith.

I think one was.

Which one.

The one that was shot in the arm I saw him shoot Smith.

Did he hold the gun in both hands.

Yes.

You saw the blood run out of the wound.

Yes but I did not examine it.

You saw Smith fall out of the window.

Yes.

Tell us the manner he fell out what was the possion when you first saw him in the window.

He held with his hands on one side and his feet on the other his body hanging out.

How long did he hang there.

I do not know how long or short A time he hung.

Was his head to the North or to the South.

His head was to the North and his feet to the South and the troops where South and East of him.

Did any person shoot at him while he hung in the window.

No.

Was there any thing said while he hung there.

Col. Williams told them to shoot him.

When he fell did he lie motionless.

He did not attempt to rise.

You think at the time he fell he was not hurt.

I think not.

When he fell was there a rush to the place.

Yes A Young man rushed up to him, and said while he picked him up “this is old Jo I know him” and set him up against the well curb.

Did he hold him up.

No.

Was he alive then.

I don’t know.

I supose he had fainted in consequence of the fall.

Did Smith say anything as he hung in the window.

Yes he said “O Lord my God”.

Was there A great deal of noise in the confusion.

While he hung in the window all was still.

After this man had set him up what hapened then.

Men was appointed to shoot him.

Did the man who set him up continue to hold him up while they shot him.

No.

He took him and set him by the well and went off.

Yes.

Which side of the well did he set him.

On the south side.

Did the man who shot him stand in front of him or on one side?

They stood in A South Easterly direction.

Where they facing him?

No exactly.

How meny men shot him?

4 shot at him.

How far where they from Smith?

They stood at the fence 10 or 12 feet from him.

Did they all fire at the same time?

Pretty much at the same time.

Had Smith his open?

I don’t know.

Did he show any sign of pain when he was shot?

I did not see him give any sign of pain.

In this Book we have the following statement: “When Prest Smith has been set up against the curb, and began to recover Col. Williams ordered 4 men to shoot him, accordingly 4 men took an Eastern direction about 8 feet from the curb Col. Williams standing partly at their rear, and made ready to execut the order. While they where making preparation, and the muskets raised to their faces, Prest Smiths eyes rested upon them with A calm and quit resignation”. Is this true or fauls?

It is partly true and partly not I do not know if his eyes where shut or open I did not tell Mr. Littlefield as it is written in the Book.

Then the statment is faulse?

I did not tell him so.

Once of the men you say that shot shot at him was wounded.

Yes.

At what time did you see this marvolous light?

I saw it at the place after the shooting.

How long after?

A short time after.

Well tell us about that light?

It was like A flash of lightening there at the moment.

It was not like A streek then?

It was like A flash.

Was it about where his body lay?

It past right by his body at one side.

When he was shot did any person go up to him?

Yes A young man atempted to get to him.

Had he any thing in his hand?

That light.

How did it affect him?

He did not go any further.

Did he look frightened?

I don’t know I was very much frightened my self.

Then you did not see him stand like a marble statute?

No.

(The Lawier read from the 15th page of Daniels Book) “The ruffian of whom I have spoken who set him against the well curb, now gathered bowie knife, for the purpose of severing his head from his body. He raised the knife and was in the attitude of striking when A light, so sudden and powerful, burst from the heavens upon the bloody scene (passing its vivid chain between Joseph and his murderers) that they where struck with terrified awe and filled with consternation. This light in its apearance and potency baffles all powers of description. The arm of the ruffian, that held the knife fell powerless, the muskets of the four, who fired fell to the ground, and they all stood like marble statues not having the power to move A single limb of their bodys.

I did not write that neither did I autherise it to be written.

Mr. Daniels you say you did not write this or autherise it to be written, did you ever correct these statements in you Book?

I told Mr. Littlefield it was not correct.

It is stated “The arm of the ruffian fell powerless, the muskets of the 4 who fired fell to the ground &c Did they stand there?

They stood there and Williams called out to the men (who were retreating) for Gods sake to carry of there men.

They still did not move?

No.

Did they return and carry off the 4 men that shot Smith?

Yes.

Was there more than one man to carry one man?

I could not tell.

Where did you go that night?

I went to Mr. Scots.

Had you ever been at Scots before?

Yes.

What is Mr. Scot’s first name?

I don’t know his first name.

The night you staid there had you any conversation about the murder of Smith?

I told Scot about it.

Did you tell Scot you had asissted in killing Smith?

No.

Where did you go the next day?

To Agusta.

Did any other person stay at Scots that night but yourself?

I don’t know.

Did you sleep with any body?

No.

Was Derick Fouler there?

I don’t know him.

Did you tell any person there or any where els that you asissted in killing the Smiths?

No.

Did you ever tell any body that you assisted in holding the guard while the Smiths were killed?

No.

At Scots you went to bed and went to sleep, and did not know what happened after you went to sleep?

No.

Where did stay next night?

I stayed at home.

While at Scots did you hear any other person in conversation about this matter with Mr. Scot himself?

Not that I know if.

There is some account given in this Book about A vision you had Did you receive this vision at Scots or at home

(Objections where made by the atorney of the state to such questions as they were forign to the case)

Well I will just ask you wether after this occurrence you saw Joseph Smith.- Tell the jury about it, how he appeard to you and handed you A cup of water. There is A scene of that kind spoken of in this book.

I dreamed so Sir.

How long did you remain in the neighberhood of Agusta before you went to Quincy?

I got to Quincy about the 6th of July.

How long did you continue to reside in Quincy?

Within six or 8 weeks past.

Did you ever state to any person about the speculation you could make by swearing to some persons for killing the Smiths

(The states attorney objected to such questions being put)

I made no such statement to any perticular person.

Are you aquainted with Thomas Norise of Quincy?

Yes.

Where you ever hunting with him in the bottom near Quincy.

Yes.

As you where going home did you not tell Mr. [considerable space left] that you where to mak A speculation by swaring against these men?

I told him I expected for attending to it to get 500 Dollars.

Did you not tell him you where to get 500 Dollars?

No.

Did you not tell him that 500 Dollars had offered you to sware against these men?

No.

In your discourse did you say who it was that murdered Smith?

No.

Had you an offer made to at all?

Yes A man came in to my house, and told me I was A fool for [illegible] my affidavit, as I might have made money out of it he offered me 450 Dollars for my chance.

Who was it?

It was A Mr. Southwick.

Are you acquainted with him?

No.

Where does he stay?

In one of the hotels.

What hotel?

The city hotel.

Does he live there now?

I don’t know.

You don’t know where he went?

No.

Did he ever renew the proposition?

He offered me 500 Dollars to clear out.

You don’t know who he was making these propositions fo?

No,

He told me it would be better for me to leave the country for he thought they would kill me.

Who did he say would kill you?

The Mob.

You say positivly you never told [considerable space left] that you where offered $500 appearing against these men?

Yes.

Had you ever any thing offered you to appear against the Smiths?

No I said I expected so much for attending to it.

Do you know George McLean?

I think I do.

Do you know George Seabold?

I think I do.

Did you ever tell them that you where to get any thing for swearing in this case?

No.

Did you ever have any conversation with them or eather of them about this transaction?

I presume I have.

Did you ever tell them or either of them you did not know who killed the Smiths?

I don’t think I did.

Have you ever been offered $2500 not to appear against these men?

Yes Sir.

When was that offer made to you?

When I lived in Quincy.

By who?

Men I do not know.

Did you then at the time?

No I do not know that I ever saw them before.

Have you ever seen them since?

Not that I know of.

What time do you say this was?

While I was living in Quincy.

Before the last term of Court here?

I think it was.

By two men you don’t know?

Yes.

Where was it in Quincy they came to you?

It was third street on Jersy Street.

They met you in the street.

Yes.

What did they say when they first spoke to you?

The asked who I was.

Did you tell them?

Yes.

What aged men where they?

They where young men, but I could not say how old they are.

What size where they?

Between 5 and 6 feet.

Where they of the same size?

I did not take notice.

How long where you in conversation?

A short time.

What was the first thing said to you after asking your name.

They told there business they asked me who I was and told me what I would do if I would not appear in this Court.

Did they name any man?

No.

What did you say?

I turned away from them imeadiatly.

What time of the day was it, was it in the afternoon?

I am not positive I cannot say what time it was.

Did not their offer make A serious impression upon your mind?

It did not worrie me much.

Just tell us wether you thought it A usual occurence or not?

I thought it an unusual occurence.

But you paid so little attention to it that you turned away?

Yes.

What time of the day was it?

I do not know wether it was noon or after noon.

How where they dressed?

I did not take notice of their dress.

Was it cold or warm wether?

It was not cold wether before Court.

Had they on hats or caps?

I don’t know.

And you made them no reply?

No I [illegible] round and went off.

They met you in the street?

Yes.

And you stopt and talked with them?

No.

Then you did not stop at all then?

Yes.

You did not stop after you had past them?

No.

Then they held you?

Yes before I past them.

After you moved forward did they call to you again?

Yes and held out money to me.

What kind of money?

It looked like silver.

What pocket did they take it from?

I do not know what pocet.

What did you say to him then?

I did not say any thing but went off.

Where was you house from where you stood?

It stood on the corner of third and Jersey streets.

Where were you going when they met you?

I was coming from Marrins Cooper shop.

Had they been at you house to inquir after you?

Yes.

And they met you in the Street. Where did you mention this occuranse after it happened?

I told it to our folks.

Did you ever tell it to any other person?

I don’t know but I did.

Did you tell other person on the same day?

I do not know.

Did you not ask these men where they came from?

No.

Did you ask them who they where?

I do not recollect.

You do not remember wether you asked their names or not?

No.

Did you notice to see which was they went after they left you?

No.

How long was it after the Smiths was killed?

Do not know.

Was it before you joined the Mormon Church?

I forget I joined them not long before the last Court.

Did you ever see that gentleman before Mr. Mellin (pointing to A man sitting in the Court)

I think I have.

Did you ever say it was Mellen?

I might have said that he was like Mellin or about his size.

Did you not say you thought it was Mellin?

I do not think I ever did I might have described him saying about the size of Mellin.

Did you ever state to Thomas that you had written A book and got A considerable sum of money?

I don’t know if I did or not.

Did you ever tell him, McLean or Seabold, that you would make A great speculation in Nauvoo?

I do not know that I did.

This light was it like fire?

It was like lightening.

What time in the after noon was it?

It was in the evening.

Was it in the east side of the house of in the shade of the house?

In the shade.

There was no sunshine falling in that place?

No,

Have you been following your trade since you went to Nauvoo?

No.

What did you follow there?

I have not been doing anything.

Have you A painting or engraving there representing the Deth of the Smiths?

There is one there.

Have you been exhibiting it?

It was hanging in the room and the people wished me to tell them about it.

They wanted to know of this light I suppose.

Yes some thing.

And after it was pointed you exibited it?

Yes.

Did you give instructions to the painters?

No body told them about it I told them when exhibiting it that light was wrong.

Mr. Lamburn. You say you did not have anything to do with the painting of it.

I had nothing to do with it.

It was done by other people?

Yes.

The court adjourned till Monday Morning 7 Oclock

Monday Morning May 26th, 1845

Mr. John Willson of Carthage sworn.

Mr. Lamburn: Mr. Wilson where was you on the day Smith was killed?

I was in Town till after dinner and was sent out on the prariary [sic, prairie].

Which way?

On the road to Nauvoo.

What was you object in going on the nauvoo road?

To look to out for the Mormons. Cap. Barns called upon me. After dinner was over. I went up to Armon Willsons Store, and lay upon the counter for one hour, I set out of the store into the street and Morrison called upon me by my name and told me to get upon his horse and go in his place, I asked him where to, said he Cap. Barns will tell you; I said to him, I don’t care where I went nor what I done; I went and got on his horse, and we started Docter John W. Morrison and Docter Thomas L. Barnes went with us.

You called him Cap. what company is he cap. of?

He is Cap. of the ranging company.

Where is Cap. Barns now?

There he is (pointing to A man in the Court)

How far did you go out on the prariary [sic, prairie]?

4 miles.

What did you see when you went out 4 miles?

We did not see any persons.

In what direction was you from the Nauvoo road?

We was North of the nauvoo road.

Did you see any thing of A company that came here to kill Jo Smith?

We did not.

Did any of the company with you leave you to go to another place?

No I went with them all the way and came back with them.

How long was you gone?

We was gone from three to four hours.

Did you get back before the Smiths was killed?

No.

Did you see any of the men that killed the Smiths?

I saw men coming from Warsaw when I was upon the mound.

Tell us about seeing these men from Warsaw?

I saw men on the direct rout from Warsaw to this place. (Carthage)

How meny where there?

I cannot tell I was three or four miles from them.

Was there 50 or 100 men?

I cannot tell.

Was there any thing said among any of you upon the subject of going out there?

They said it was to see if there was any suspecious carracters round, as A rumer was in existence that the Mormons was driving away stock.

Did you see them pass up towards this place?

It was in the direction of this place when I saw them.

Was there any on horseback?

I saw some on horse back, and probably one carriag.

Did Barns and Morrison know any thing about what that ment?

They thought it was A company to exterminate the Mormons.

Did you want the Mormons exterminated?

I did Sir for they are Hell hounds.

Was there any said in your company about the Death of the Smiths?

No.

Where did you stand?

Not far from the Nauvoo road.

You was standing as sentinals to watch the Town I supose?

No.

You did not know what you was doing at all; how fare from Town was you?

Four miles.

Did the Mormons come up to the edge of the town to drive off stock?

I don’t know.

You three went out to see if the Mormons where off cattle to Nauvoo?

I understood that was the object of Barnses company.

Did you know any thing of A conspiracy exsisting to kill these Mormons?

No.

Have you heard any body say any thing about it since?

No and if any man had told me any thing I would not have heard it.

On the morning the Smiths was killed you was in town till dinner?

I was.

What was going on in town in the morning?

I did not see any thing more than usual.

And you staid on the mound 3 or 4 miles from here till the killing of the Smiths took place?

I did not know that was in the wind.

What time did you start back?

Imeadiatly after we saw those men.

Did you meet any one on the road?

Yes we met A man going towards Nauvoo.

Did you stop him?

Yes.

What took place then?

Docter Morrison and Barns road close up to him.

Did you hear them convers about any thing?

I was a little piece ahead and did not hear there [illegible] conversation very little of it till he commenced trieing to get Docter Morrison to go with him to Nauvoo because he was frightened to go alone I then spoke to him and said he was A young man and the I had no disposition to supose anything would happened him as the Govenor was there.

Have you seen that man since?

I have not seen him either before or after the killing of Jo Smith.

Did you ever hear Olridg say any thing about A conspiracy to kill Smith?

I never had A word with him in my life.

Did you ever have any talk with Williams?

I did not.

With Davis?

I did not.

With Grover?

I did not.

With Sharp?

No.

Might you not have had conversation with some of these individuals, and you might have forgot it?

No.

Did you see that company returning when they went back?

I think I saw some men before I got home.

How meny?

I don’t know.

Was there as meny as 20?

I think there was.

And you thought it was no new thing at all?

I paid not atention to it. I did not know but they was coming to pay us A visit.

And in A short time you saw them go back and it was nothing to arouse your attention?

No.

It was not any thing new for 50 men to come and take dinner here?

No for I had been at Scot County and I made a speach at every hollow and I had been and I expect to go again.

What do you expect to go again for?

It is none of your biusness

I should like to know if there is going to be any more mobs here?

I am determined to stick with the people and not be united with robers.

Did it astonish you when you heard that old Jo Smith was killed?

I was astonished at the time but it did not last long.

Did you see any of these men after the Smiths where killed the same evening?

I don’t know that I did.

Was there thing said the day before about killing the smiths?

I did not hear any thing to my knowledge I heard it said among the croud that they would kill them.

And they where headed and orgonized by these men did you not know that fact?

I did not know it.

You think the credit of killing the Smiths belongs to Warsaw and not to the other Countys?

I did not say so.

Well these men where [sic, were] not of any county from the other counties?

No for they are not much better than the Mormons themselves no good neither to king nor country.

Did you know any of the gaurd that was round the jail?

Yes.

Had they there guns loaded with blank cathrages [sic, cartridges]?

I don’t know.

You are shure the only object you had in going out these was what you say it was?

That is all I know about it.

I suppose you will do any thing these person will tell you?

I should just as well as go one place as another, and I am willing to go blend.

He retired.

Thomas Barnes Sworn, and examined by Lamburn.

You was Cap. of the rangers at the time the Smiths where killed?

I was.

Was it A regular company?

No. what was the number of men at you command.

I do not now recolect I think 20 or thirty.

What was the name of the company?

The Rangers.

What was the object of that company?

The object of the company as I understoot [sic, understood] it was to go over the peraires [sic, prairies] and carry expresses from one point to another.

Was you in Town the morning of the day the Smiths was killed?

I was.

Did you see Sharp that morning?

I do not recolect.

Do you recolect of any arrangments being made on that morning between the Carthage Gras [sic, Grays] and the Mob?

I recolect of no such arrangments.

What time did you leave hear?

I think about three o clock in the after noon.

Had Sharp got in town before you left?

I think he was.

Was Alridg

I think he was.

Was Williams?

He was.

Was Grover?

I did not see him.

It was three oclock when you left town?

I think it was about that time.

You saw Williams scertain and these other two men?

Yes.

Did they say any thing to you about going there to keep gaurd?

Not A word.

What was your object in going out on the prerairy [sic, prairie]?

It was intimated to me to watch that point of timber lest the Mormons should come and rescue the Smiths, we went to see if there was any strangers in the point of timber.

You did not leave town you are shure till after Williams came in town.

I am shure I saw them before we went from town.

Who sent you out there?

I sent out upon my own responsibility.

Did you not send in expresses to those me nen [sic, men] you left behind in town?

I did not.

After they came to town you went out?

Yes.

Had there not been pledges given round among the captains to enter into A conspiracy to kill the Smiths?

No.

(Lawer Browning stood up and objected to such A course of examination)

When you went into the perairy [sic, prairie] you saw these men Willson saw coming from Warsaw?

Yes I saw them.

You knew at that time Smith was in Jail?

I knew he was in custudoy I knew not that he was in Jail.

Do you know wether these men or any of them pledged themselves to the Govener or to the people that Smith should be protected while in custudy?

I do not know that either of these men made pledges, but I know pledges where made.

Your object in going out to the perairy [sic, prairie] was to see if there was any suspicious carracters in that neighborhood?

Yes.

You saw three groops of men coming from Warsaw?

I beleive. Yes.

How long did you stay on the periary [sic, prairie] after you saw them?

I beleive we where [sic, were] letting our horses graze, I think pretty soon after. I do not know how long time we get on to our horses and made our way towards Carthage.

Where they coming in the direction of that timber?

I suposed they where [sic, were] on the Warsaw road.

How far apart where these companys traveling?

They apeared to be about A mile apart.

They looked like distinct?

Yes.

How far where these men from you when you last saw them?

I only could see them A few minits.

When you saw them at that time how far where they from town?

about an equal distance with ourselves.

They where mostly on foot?

I should judge they where [sic, were].

You where [sic, were] on horse back?

Yes.

Could they have come here and kill Smith, before you could have got here?

Yes.

How far had they got off the straight distance?

About half an hour.

Where did you meet the information that the Smiths was killed?

We got it first from the Constable.

How far from the town

probably two miles and A half.

Did you ride any faster after you obtained the tidings that the Smiths where killed?

No we road along very slow all three of us.

Did you know of these companys coming up before you left town?

I did not.

You had no knowledge that there was A conspiracy on foot to kill the Smiths that evening?

I have told you all I know about it I had suposed scertain things, but my supose so is not going to hang these men.

Had you any information of that sort before you left town?

No Sir.

Have you told all you know about that transaction

Until the killing of the Smiths I beleive I have.

Have you heard any of these five men since the killing of the Smiths say they had no part in the conspiracy?

No.

Did you see any of these men here when you came back?

I did not.

When you left you saw Williams and Sharp?

Yes.

Who was Williams with when you saw him?

I am not able to answer I think he was in the North west corner of the squar.

Who was he talking with?

I don’t know.

Did you not see him talking with Morrison?

No.

Did you talk any with him yourself?

I don’t recolect.

Did he talk any to the Cap. of the guard?

I do not know.

Was he talking to any body at all?

I do not know.

Was the Carthage Grays pledged to protect Smith from Violense.

(Mr. Browning arose and said it was an improper question to ask the wittness)

Mr. Browning for the Defence.

I will ask you wether it was not A usual thing for the rangers to go out every day?

It was usual for them to be out every day.

What time did they go out there?

Some times in the morning and some times in the afternoon.

Mr. Lamburn for the people

I would ask you wether it was or not usual for groops and companys of men to come from Warsaw?

Yes almost hourly.

As large groops as that coming from Warsaw that do?

Yes.

How large A groop have you seen come in here?

I have seen three hundred, and daly groops of 8, 10, and 100.

Did you know what they where coming for?

I did not.

Retired.

Eli Walker Sworn:

I will get you to tell the jury what you know about this transaction; where was you the day the Smiths was killed?

I was in Warsaw and I was at the railroad and I was at home.

What time was you at Warsaw?

In the morning

Did you leave Warsaw with the companys?

Yes.

Where did you understand you was going when you left Warsaw?

Goldens point.

Did you see any of these persons there, Williams Alridg Sharp Grover or Davis that morning?

I think probably I saw part of them there.

You came out with them?

I came out with one of the companys to the railroad shanties.

Was this on the same day the Smiths was killed?

I think it was I was informed they where [sic, were] killed that day.

What was done at the railroad Shanties?

The troops where dispensed.

Who disbanded them.

I think Col. Williams read the order if I recolect.

After the troops where disbanded did you hear any of these men say any thing about volenteers to come to Carthage here or did you hear any of them make any speaches

It would be impossable for me to tell what I did hear that day for I do not recolect.

Did Mark Alridge mak[e] a speach that day?

I don’t recolect.

Was there A call made for volenteers to come to Carthage?

I think there was.

Who called?

I don’t recolect.

Did you see Grover there that day?

I am not scertain.

Was Davis?

Yes.

Was Sharp there?

Yes, I think he was.

Did you hear Sharp Make A speech on horse back?

If I did I don’t recolect.

You saw him there?

I did.

Did you know that the company started from there to come to this place, that is the volenteer company?

I cannot say I knew it.

Did you see them start this way

I might have seen some persons start this way.

What was stated to be the object for calling volenteers?

I have not any recolection of hearing any person say.

Did you hear any thing said about coming to Carthage?

I heard some person say that day they thought of going to Carthage.

Was it generally spoknen of among the croud that the intention was to go to Carthage?

Yes it was spoken of.

Did you hear any dispute among them about who would go and who would not?

I did.

Tell what they said?

I cannot.

Did Davis say any thing wether he would go or not?

I heard him say that all those that where [sic, were] in favour of going to Warsaw and taking dinner at the Tavern would accompany him.

He was in favour of the Warsaw dinner?

Yes.

Do you recolect any thing of the substance of the disput[e] about who should come to Carthage and who should not.

The cause of the dispute I could not give you; some was in favour of going to Carthage and some where [sic, were] not.

Was it not said in the croud what they where [sic, were] going fore?

It was not understood distintly some for one thing and some for another.

Did they not put the Smiths in conection with it?

I think there was something said about it but what it was I do not know.

Did they say what they would do with the Smiths?

There was something said about blowing the jail to Hell.

Who said it?

I don’t know.

What was the reason some oposed coming to Carthage?

The only reason I had was because lawful authority had ceased and I wanted to go home.

Did you hear the others say the they would not ingage in it?

I could not say.

Do you recolect who it was that was engaged in geting the volenteers what was Williams doing did you see him or hear him say anything about it at all?

I think I did but what it was I cannot say.

Did he say any thing in favour of the volenteers or was he against it?

I do not recolect.

You heard him speak about it who was he speaking with?

I don’t know.

Did you hear Alridge say anything about it?

I did not.

Did you hear Sharp say anything?

Not that I recolect.

What was Sharp doing?

I could not tell you I think I saw him on horse back.

What time of the day was that?

As to the time of day I do not know probably between 10 and 12 o clock.

It was some plase in the middle of the day?

Yes.

Was Williams on horsback also?

I think I saw him on horse back.

Was Alridge?

I don’t recolect.

You only recolect Sharp Williams and Davis?

They are all I recolect.

Where was the last plase you saw Davis on horse back?

The last plase I saw him he was alone in the perairy [sic, prairie] I was going home and he was going to Warsaw.

What sort of A horse was Williams riding?

I don’t recolect.

Was this volenteering buisness to come to Carthage spoken of so generally that every body in the croud must have known of it?

I beleive it was spoken of publicly.

You heard Williams say something about the volenteering but you don’t remember what it was?

I recolect some thing that Williams said about it, But I wont mak[e] any statements only what I recolect sensibly.

You recolect hearing him say something but you don’t know what it was he said cannot you give us something he said?

I was sworn to act faithfully in this case.

(Well I beleive you are an honest man.)

I want to state to the best of my recollection and beleif.

Do you think you cannot remember something he said?

I am not willing to say that I cannot and yet I do not recolect distintly to tell it to you.

You can give the substanse of what he said cannot you?

Well sire I wont say it was him, it was either him or the captain of the company.

Those who would go to Carthage did they advance in front?

Yes.

What els was there said

I don’t know.

Do you recolect if Williams was in favour or against going to Carthage?

(Mr. Lambourn was opposed again from the defendants part)

Was Williams on horse back?

I think he was,.

When they called for Volenteers did they advance?

Yes.

Which side did Col. advanse?

No side.

When they was called upon did they go round those who would not go to Carthage?

They advanced in frunt places.

Where was Williams then?

Some distance as much as from 10 to A 100 feet from the company.

Who was with him off there?

I could not tell not then.

Where was he when the division marched?

I don’t know.

Where was the captain that gave the word of command after the volenteers had stept out from those who went with Davis?

I think he was in front.

Was Williams in frunt also?

I think he was.

You don’t know wether the Cap. or Williams gave he word of command?

Yes.

You say they where [sic, were] both in frunt?

I think they where [sic, were].

When the word of command was given all the volenteers advanced for Carthage?

Yes.

What was the others doing?

They where [sic, were] arguing upon it.

How meny was there in the company who where [sic, were] to advance?

Between 40 and 200.

Was there more than one company there?

There was two companys.

Before the order was given how did they stand did they stand in double or single file or where they arranged round?

I think they where[sic, were].

Was Williams A supereiour officer?

He read the order to disband.

Who was the supereiour officer?

I cannot so wether he or general Nocks.

You think Williams read the disbanding order?

Yes I think so.

Did you see these men after they had stept out what kind of an orgonisation they made?

I heard an observation made by A scertain individual that those who should go should follow the music.

Where was Williams when the music march along?

I don’t know.

Did those who would not go to Carthage go home?

I was one of the first who started off home.

You did not stay till the company started to Carthage?

I recolect being on the hill,

And they where [sic, were] standing at the bottom on the creek and I think shooting at A mark.

Who was it said they where [sic, were] going to blow the jail to hell?

I don’t know.

Did you hear any of them say they where [sic, were] going to kill the Smiths?

I could not tell.

Was there any cursing of the Mormons going on?

There was considerable of it done.

Who was it that gave the command to advance was it an officer do you think?

I think it was.

But wether it was Williams or the Cap. of the company you cannot recolect?

No.

Did you hear Williams raise any opposition to coming up here?

No sire I did not.

Do you think Sharp was on horse back at the time this advance was made?

Yes.

Did you see him more than once that day on the ground?

I could not say.

When you did see him you think he was on horse back?

Yes.

How meny Volenteered following the fife and drum round there?

I am not able to tell you what number there was.

Retired.

Thomas Dickson sworn:

Was you in town on the day the Smiths was killed?

Yes.

Was you in all day?

No.

What time did you come to town?

Between 10 and 11 o clock A.M.

Do you recolect of seeing any of these men hear on that day?

there is but few of them I am aquainted with except Grover.

What ones did you see that day?

I saw Williams and Sharp.

What time of the day.

I don’t recolect, - In the forenoon about 11 o clock I saw Sharp on the west side of the Street on the squair.

Did you hear him say any thing about the arrangements they where [sic, were] going into?

I did not.

Was you up at the Jail at the time that Smith was killed?

I was.

How close was you at the jail when he was killed?

Between ten and 20 feet on the South east corner of the jail.

Where was you when you first heard the fire?

At the jail.

Was you there before?

Yes.

What attracted your attention before the firing?

As I was going home I saw some men coming away out west towards this place

Which way do you live?

I live north.

When you got out of town you saw some men coming and you turned back?

Yes.

How near where you to them

About a mile and a half perhaps more I saw the glistening of A gun.

That turned you back?

Yes.

How came you to go to the jail?

When I got back I saw some men close up to the jail I left my horse at the tavern and ran up to the jail.

Did no body tell you what was going to happen?

I met some men and they said the Mormons where coming to rescue the prisoners.

You got there before they did?

Yes.

What did you see take place any firing?

There was A considerable scuffle.

Was there any shooting in in the scuffle?

Yes.

How many of the guards fired?

I cannot say.

Was there any of the enemy killed?

I did not see any killed or wounded.

What sort of A scuffle is it you speak of?

I saw them scuffling down on the ground and they lay there.

How long did the scuffle continue?

Some considerable time.

Was there any body hurt on either side?

I cannot tell; I see one man shot in the arm.

Was not that one of thermen that went in and Jo Smith shot him the door it was after it was all over you saw the mans arm bloody?

Yes.

Who was the man?

I don’t know

At the time of that scuffling did you see any hurt then?

I cannot tell.

Did you see the mob enter the house?

I saw some persons go in.

Had they guns?

Yes.

How meny went in?

I cannot tell.

Did you know any that went in?

I think not.

Was there half a dozen went in?

Perhaps there might be half a dozen.

How long have you been in this county?

10 or 11 years.

Then you will know every body about?

I know A great meny

Did you see the Carthage Grays approaching?

Yes.

How long was you there before the Grays approached?

I was there some time they did not approach till after all was over.

Was you there 5 minites before the Grays made there approach?

I was there 5 or 10 minites.

Did not the Grays halt before they came to the jail?

The had made an halt when I discovered them.

How far was the mob gone then?

About 100 yards.

When you first saw them how far was you from the town?

About a mile and A half.

You came back hitched you horse at Miltons Tavern and got there before they did?

Yes.

How long was you there before them, was it 15 minites?

I don’t know if it was that much for I came pretty quick back.

You got there before the killing took place, and the Grays did not get there till after it was all over, and the men all gone?

Yes.

Did you say any thing about it to any body?

No.

Did you see Williams that day?

I did?

Where did you see him?

I saw him north west of the Court house?

Who with?

Not any person.

Was he along with the Grays?

He was A little North of the Grays.

You saw Williams in the squar North of the Grays, and then went imeadiatly to the jail and you got there before the killing took place, and stood there till it was all over?

Yes.

How long did it last?

I cannot tell you.

Did you see any of these other men there?

I think not.

Did you speak to Williams when you saw him?

I shook hands with him.

Did you mention to him what you had seen in the perairy [sic, prairie]?

No.

Did you not see any person at the Jail that you knew?

There was not till after the Death of the Smiths.

Was there any on the Ground you reconized them?

Not any except the guard.

Do you recolect seeing any with their faces blackened?

No.

How meny do you think there was at the Jail all together?

I think there was 20 or 30.

Was there not more than 50?

No there was not.

Did you see any standing out on the perairy [sic, prairie]?

Yes I saw some out on the perairy [sic, prairie] at some distance from the jail.

Which way went they, when they left the Jail?

They went right west from the jail.

They did not go through that lane you came through when you returned to town?

No.

And they left imeadietly after the deed was done?

Yes.

Don’t you recolect if the Carthage Grays halted beside the fence till the killing was over?

I saw them marching up.

How long did they stay there till they returned?

I returned before they did.

Did they come back to town?

Yes.

Cross examined for the defence by Lawier Browning:

Did you see Smith fall out the Window?

Yes.

Had he been shot before he fell out of the window?

He was shot or hurt some little for when he first came into the window there was blood on his pantaloons.

Did you see him set up against the well curb?

I saw him raise up himself against the Well curb and die imeadiatly.

Did you see 4 men shoot him?

No.

Did you see any thing about A marvelous light?

No.

Did you see 4 men parallized?

No.

Did you occupy A position from which you could see him plainly?

He was about 10 steps from me I stood on the South east corner of the Jail.

How long did he hang before he fell?

He hung but A short time.

What was his position in the window?

His head was out, right arm, and one leg.

You say Cap. Smith did not march his company to the jail till after all was over?

Yes.

If he had been there you would have seen them would you not?

I think so.

If there had been any miraculous light that moment by Smiths body don’t you think you would have seen it?

I think I would for I watched him take till the last breath was out of him.

If there had been 4 men parralized you think you would have seen it?

I think I would

And you are very confident no such thing occured?

I am pretty confident.

Mr. Lamburn:

Did you not know that day before the killing took place of A conspiracy to kill the Smiths?

No.

When you saw these men in the perairy [sic, prairie] did you not know they where [sic, were] coming to kill the Smiths?

No.

Had you no idea nor knowledge of their object?

I had heard it talked about that A mob was going to rescue them.

When you saw these men did you think they where the Mormons coming?

I did not think but I suposed they where the Mormons.

Was you not afraid to stay at the Jail when they came up?

No.

Had you any weapons yourself?

No.

On what part of his body did Smith fall?

He fell on his left side.

Do you think you saw every body and every movement that occurred there?

No.

Was there not A good meny people went with you from the squar.

I did not see any rush from town till after all was over.

Did they all understand it perfectly well?

I don’t know but they did.

Retired.

Court adjourned till 2 o clock p.m.

Eliza Grame [Graham] Sworn:

Where was you the night Smith was killed?

I was at the Warsaw tavern.

The Warsaw hous, Mr. Fleming’s?

Yes.

Was Mr. Fleming at home?

No he was in Boston.

Where was Mrs. Fleming?

At home.

Tell the jury if Mr. Sharp came to Flemings house that night?

Mr. Sharp came in and said he was very dry for he had come from Carthage in less than an hour; he was asked how they came on in Carthage, he answered we have finished the head leading men of the Mormon Church.

Was this before or after dark?

It was about dark.

Did he seem to be fategued?

Yes Sir.

Did he come in A carraige?

Yes.

Did he say they they had finished the leading men or the leading man?

He said the leading man.

How long did he say they had been in coming from Carthage?

Less than an hour.

Did he ask for A drink of water?

Yes.

That was all he said?

Yes.

What took place that night?

About twelve A clock at night Davis and Grover came in together Mr. Key came after them and called for supper for about 30 men.

What took place then did you get supper?

Yes.

How long was it before the men came to eat it?

A few minits.

Was there A call made for super for any more men?

Yes about 15 minits after for 20 more men.

And you and others where cooking for them?

Yes myself and Mrs. Fleming got supper for them.

How meny got super there?

About 50.

Did you see any wounded men there?

Yes I saw two one of them was wounded in the arm, and the other slightly wounded in the cheek.

Did you see what they did with them?

He asked if he could have A seat by the kitchen stove We said he could.

Who sat by the stove?

The man that was wounded in the arm.

How meny had you to super?

From 40 to 60 men I think about 60.

Had they any thing to drink?

I did not see them drink anything at all.

Did you see Alridge there?

I don’t know him.

Did you see Sharp there after supper?

No.

Did you see Williams there?

I do not know him.

All that you saw there where the three you named Davis, Grover, and Sharp?

They are all I knew; I did not see Sharp any more after he road up for A drink of water.

Do you know A good meny people about Warsaw?

I knew A good meny of them about Warsaw.

Did you hear the men talking about anything while at supper?

I did.

What where they talking about?

Some said they had killed old Jo, another would make answer that he had Grover said he had killed old Jo.

Then they made no secret of it at all?

No.

Did you understand from Davis that he had not been to Carthage?

That is what he said.

When they said Old Jo did you know who they were talking about?

Yes they men Joseph Smith.

Did they say it it out in full?

Yes they said old Jo Smith with an oath.

Had they any arms with them?

I did not see any.

Where did the men go after they had got through supper?

Part stood gaurd, and part went up stairs to bed.

What time did they get up next morning and left the house?

I do not know.

Was they there at Breakfast next morning?

There was not near so meny at Breakfast as was at supper.

Did you see Grover and Davis there the next morning?

Yes.

Did they board at Flemings house.

Yes.

Was Sharp there to breakfast the next morning?

I did not see him.

Had the family gone to bed that night or where they all up?

They where all up.

You say Grover and Davis boarded there?

Yes.

Had they been about the house before they came to supper?

No.

Was Grover and Davis there at regular supper time?

Yes.

Did Grover and Davis come A little before Mr. Key called for supper?

They where at the door About the same time.

What did Mr. Grover say about these wounded men?

He went and asked the one wounded in the arm if he could sit by the stove? He said he could.

How long did he sit there?

I don’t supose he sat there more than one hour.

Did any one come to talk with him while he was there?

No.

Did you know the wounded man?

Yes it was William Boarus.

You had seen him before?

Yes Sir.

Did you hear any of them say how Boarus got wound?

No.

Was there any thing said next morning about this matter?

I did not hear any thing said.

How many was there on gaurd that night?

I cannot say.

Was there any alarm during the night?

I did not hear any alarm that night.

What time did the family get to bed that night?

About 2 o clock in the morning.

How meny in that crowd did you hear talking about killing Jo Smith?

It was the generrall talk.

The general [illegible] of their talk was what they had been doing that evening?

Yes.

When did you next see Sharp?

Next day about breakfast time.

Repeat that which Sharp said when he brought the information to Warsaw.

It was not quit dark when he came, and wanted A drink of water, Mrs. Fleming asked him how they had come on at Carthage, he said we have finished the head leading men of the Mormon Church.

Do you know what became of Boarus after that night?

I do not.

Did you hear Davis say that night or after at any time that they had killed Smith?

I did.

They all seemed to rejoice over it?

Yes.

Did you hear them say anything more about Mormons?

I did not hear them say any thing els about them at all.

Cross Examined by Browning:

You saw Mr. Sharp drive up?

Yes.

Was there any one in the carriage with him?

Yes.

Do you know who it was?

Yes, it was James Grame.

Was it A two horsed caraige or a common bugie?

It was A two horsed carraige.

Was there any one in the carriage with him besides James Grame?

No on that I saw.

How meny seats had it?

It had two seats.

This was before dark?

It was just about dark.

Mr. Sharp did not board at Flemings you say.

No.

How long did Sharp remain in the house?

A very short time.

What part of the Town does Flemings house stand?

On the hill.

Where abouts in Warsaw is Sharps house?

It is across the street from Flemings.

Is it nearer the River?

No it is further from the river.

He came on to Flemings and passed his own house?

Yes. at the time Sharp came had you heard any news from Carthage?

No.

It was in the hall you saw him I supose?

Yes.

Was you and Mrs. Fleming in the hall?

I went to the dining room door.

Did he see you?

Yes.

Did he speak to you?

No.

Was that all that past between him and Mrs. Fleming asking for A drink of water? And he had come from Carthage in less than one hour and they had finished the head leading men of the Mormon Church?

Yes.

What did you understand from what he said?

I suposed that Joseph and Hiram Smith was killed.

Had you head them make threats to kill the Smiths.

No.

Had you heard Sharp make any threats?

Yes.

Did you and Mrs. Fleming have any conversation on the matter, after he left?

No.

Did you talk about it to any other person in the house upon the subject?

Yes I spoke to Mrs. Booses upon the subject.

Where was it you heard Mr. Sharp make threats?

A great meny times I heard him day he would kill the Smiths, and drive the Mormons that day he went to Goldens point.

Who was he talking with that morning before left?

I could not name any one.

What time in the morning was it you heard him make these threats.

I heard him make those threats early in the morning soon after breakfast.

Did you see him when he started for Carthage that day?

Yes I say him when he started for Godens point.

Was he on horse back or in a carraige? He was in a carraige?

Yes.

Whose carraige was that?

I don’t know but I have seen it A great meny times in Warsaw.

How meny miles is it from Warsaw to Carthage?

About 18 miles.

What at that time was the condition of the roads between here?

I cannot tell you.

Had there been much rain about that time.

Yes.

You saw Sharp start in the morning to Golden point?

Yes.

The same evening he returned in the same carraige?

Yes.

Before that came in the night had you heard any thing more about the killing of the Smiths that what Sharp had said?

No.

You say that Davis and Grover where regular boarders at Flemings at that time?

Yes.

Had you seen Grover before, that day?

Yes I saw him in the morning.

What time in the morning?

At Breakfast.

On the morning of the day the Smiths was killed?

Yes.

Did you see him after till he returned at night?

I did not.

Had you seen Davis before on that day?

I saw at Breakfast.

After breakfast you did not see him till mid night?

No.

Will you repeat to me again what Davis said about this afair?

When he came in he said we have killed the man.

Repeat what Grover said if you please?

He said he had killed Old Jo.

Was there any other person talking of the same subject at that time?

They where all passing backward and forward through the dining room at the time.

You had not gone to bed when they came?

No.

Was it A generall thing for you to sit up till mid night?

No.

No person had gone to bed about the house?

Some of the children might have gone to bed.

What time did you get to bed that night?

About 4 in the morning.

There was no preperation made for supper for them before they came?

No.

After they came did they go at once into the dinning room?

Yes.

Could you state who came into the dining room?

No.

Did Grover and Davis come into the dining room?

Yes.

Did key remaine there till supper was ready?

No.

Where you in the dining room all the time they stayed there?

No I was backwards and forwards getting supper.

How was the kitchen situated?

It was joining the dining room.

You think there was about 20 men came with Davis and Grover?

I cannot say how meny.

Afterwards supper was called for 20 more?

Yes.

Most of the persons who took supper there that night where from the Warsaw inhabitents besides Grover and Davis?

Yes.

Name one of them.

I don’t think I can.

Did Grover bring a wounded man into the kitchen?

He did.

Did you know his name?

Yes.

What was his name?

William Boarus.

The company was generally talking about the murder of the Smiths?

Yes.

Was there any other persons talking about it besides Grover and Davis?

Yes.

You where most of the time in the kitchen?

No.

Who was cooking supper?

I set the table and my haunt cooked supper.

What was it that directed your atention so much of the time to Grover and Davis?

I had no such an Idea that they would have done such A deed I was astonished at them.

Who was in the house with the family besides yourself?

A young man by the name of Moses Black.

Was they there at the time Davis and Grover came in, and remained there?

No. he went out to stand gaurd.

He was not in the house when they came?

No.

Which arm was that man wounded in?

I cannot tell my mind was otherwise ingaged then to see which arm he wounded in or that he was wounded at all.

How did you know that he was wounded then?

I heard Mr. Grover say so.

Did he lament in his arm A great deal?

No.

Was there any Phisician in to see him?

No.

Did he stay at the house that night?

I cannot tell.

Did the wounded men eat any?

I did not see him eat any.

Can you state what of the arm he was wounded in?

He was wounded in the shoulder I heard them say so I heard Mr. Grover say so for Mrs. Fleming asked where he was wounded and Grover made answer and said in the shoulder.

Did Mrs. Fleming ask who the wounded man was?

She did not.

Did she ask whether he was shot?

Yes and Mr. Grover said he was shot in the arm.

Did he say by whome?

No.

You are scertain Grover breakfasted there that morning?

Yes I am scertain.

Did you see Grover and Davis the night before the Smiths was killed?

Yes Sir.

Where did you see them?

I saw them at supper.

Did they stay there the night before the Smiths where killed?

Yes.

Was the troops encamped in the neighbourhood of the house the night before the Smiths where killed?

Some of them where.

Did Did not Mr. Grover command the troops?

Yes.

Might he not have staid all night in the camp the night before the Smiths where killed?

No Sir he staid at home.

Was it not A habit of Grovers to take his meals at the tent too?

No sir he took them regular at home.

Are you scertain he breakfasted there that morning?

Yes Sir I am scertain.

Can you say wether Davis and Grover staid there the night the Smiths where killed all night?

They stood guard that night sir.

You say the most of the persons who took supper there that night where speaking about killing the Smiths one would say I killed old Jo another would say no you not I did?

Yes.

You cannot remember any person who was talking so but Davis and Grover?

I did not hear Davis say Grover is the only person I heard saying so.

Where these persons armed?

I did not see any arms.

Did they come on foot or on horse back or in wagons?

I cannot say.

Where there meny persons at supper that evening at supper time?

Not meny there was but A few.

Did you take supper before dark?

Yes.

When supper was over Sharp came?

Yes.

You are scertain Davis was not there at supper time?

Yes Sir I am scertain.

Did Davis say I have killed the men or we have killed the men or they have killed the men?

He said we have finished the men.

You Don’t know who he was addressing himself to at that time?

No.

Did you not hear Davis say he had not been to Carthage at all that day?

I did not.

Did you not make any inquiry of any of these persons if the Smiths where dead or not?

No.

Did you know at that time the Smiths where dead.

I knew nothing only what I had heard them say.

Did they say there was any body els besides?

No.

What made you suppose they where the only ones killed?

I heard them say they had killed old Jo, and that they had finished the leading men of the Mormon Church.

Who where the leading men of that Church?

Joseph and Hirham Smith.

How meny leading men have they?

There is three that form the first council of the church.

They where part of the council?

I suppose so Sir.

Was there any but two leading men at that tim?

Yes there was more.

Who was the third leading man?

I don’t know.

Was there any light in the hall when Davis and Grover first came in?

I don’t know.

Was it A moon light or A dark night.

I cannot say.

Where was the young man wounded?

Some where on the cheek.

Do you know which cheek.

No.

Was there any blood upon the wound?

There was A plaster on his cheek.

How did you know he had been wounded at Carthage?

I heard him say so myself.

Who did he say wounded him?

I did not hear him say.

Did he say what with?

No, he said I have been wounded in the cheek.

And you looked there upon and saw the patch?

Yes.

Did you see any signs of Blood?

No.

Did you hear any one say wether there was any troops from Adams County that night?

I do not know.

Did you see Cap. Fallard and his company there?

I did not that I knew of. Was there not some alarm given that night at Fleming house?

Not that I know of.

Do you recolect runing into the yard calling upon some person to protect you all?

I neither called upon one one man or another to protect me. On that night, there was on friday evening an alarm given the stage driver have said the Mormons where all ready to come into Warsaw.

Where you alarmed?

No but there was a great meny that where expecting the Mormons but they were mistaken, I had not ocasion to be alarmed. I had told haunt that she need not bee afraid for the Mormons where not coming. I had said I wished to be at home in Nauvoo but to say I was afraid I was not.

Moses Fleming went to quincy?

Yes.

What time?

They where killed on thursday and we went on friday night.

How long did you remain in Quincy?

Till tuesday following.

You say you cannot remember wether it was a moons light or a dark night or whether there was a light in the Hall or not?

No.

Where did you first see them as they came in?

I saw them going into the dining room door?

When you left Warsaw and went to Quincy do you know wether the Quincy troops had left that place for Warsaw?

They came up on Friday.

On what boat did they come up?

On the Boarus.

Where not the Boarus and [illegible] both up that day?

Yes.

Whilst at Quincy where did you board?

At Moses Dicksons.

Did you not say there to come persons that you did not know any thing about the killings of the Smiths?

No.

Did you never state A long time after you did not know any thing about it?

Yes I did so to great meny people.

How long after the occurence?

About 2 weeks after it. The question was never asked till after I left Quincy for it I owned it I feared to be called up as A witness and I did not want to appear.

Did you not deny to Moses Fleming you knew any thing about it?

Yes I did.

Did you not say in the presence of Mr. Ronalds and Warren at Quincy you did not know any thing about it?

No Sir I did not.

Do you know Mr. Ronalds?

I know him

Was he boarding at Dixsons with Warren?

Yes he was.

You never talked in their presense?

No I never did.

Who did you tell it to in Warsaw?

To my Father.

Did you tell it to any other person?

No I did not to any person at all.

Did you always deny it after you left Warsaw?

Yes but I was not afraid when I was at home for I was independent.

Did not the reason exist for denying it after you went to Nauvoo or before?

Yes for I denyed it for fear of being called upon as A witteness.

Have you denyed it since you went to Nauvoo?

No.

Did you never at any time after you went to Nauvoo deny it?

No.

You change your statements!

There is no change in my statements at all for the question was never asked me in Warsaw I had therefore no ocasion to deny it.

You said you had told it to A great meny persons.

Yes I told it to A great meny but I did not mention any names.

Did Grover and Davis know you where present when they where talking about it and that you belonged to the Mormon Church?

Yes they knew all about it before.

Had they heard that you had heard them talk among the other men that evening?

My father was down A few weeks after and I told him, father knew what I had heard them say and no one els except my friend. I never told them I supose my freind had told them.

Was there any fire in the kitchen that night?

There was fire in the stove but it was not hot.

How long was you in getting supper ready for 60 men?

About one hour.

At that time how long had you been living at Mr. Flemings?

I cannot exactly say.

After that you went to Nauvoo?

Yes about 6 weeks afterwards.

You still reside at Nauvoo?

Yes.

Have you lived there ever since?

Yes.

Are you A member of the Mormon Church?

Yes I am.

Are you not afraid you will be murdered?

No.

How long is it since you joined the church?

5 years.

Have you been A member all the time?

Yes.

Do you know what kind of horse and carriage Sharp came home in?

No.

Did James Grame come into the house?

No not that I saw of I saw him in the carraige.

Where did you first learn you would first be called as A witness in this case?

Last Wensday.

Did you ever have any conversation with any person whatever on being A wittness in this case.

No.

Had you had any conversation with any persons since last wensday what you where to sware to in this case?

Yes that Gentleman pointing to Mr. Lamburn.

Tell what that was?

He told me to tell the truth and nothing but the truth.

Before that time you have never had A conversation with any person whatever have you been examined on this case?

No.

Have you had meny conversations upon this subject at all?

Not a great meny.

Are you aquainted with Mr. Daniels?

I never saw him I never saw him till I saw him hear in Carthage court.

I supose your father resides in Nauvoo?

Yes.

Do you live with his family?

Yes.

As it ever been an object of conversation with you fathers family?

No not A great deal.

When you spoke to your father in Warsaw, did you charge him not to tell it?

Yes.

Did your friend tell it?

No.

When did you first tell her?

About 6 weeks ago.

And up to within the last 6 weeks you never mentioned to any person in any case except your father what you heard Grover and Davis say?

No.

Did they ask you any questions?

No.

Was there any great talk about it in Nauvoo?

No Sir it was not a great deal talked about.

Do you know one Mr. Joning?

No.

Did you and him ever have any conversation about this matter?

No Sir not any.

Did you and him ever talk about what Grover and Davis said?

No.

How did happen you did not talk about it to Moses Fleming?

He knew I did not hear any thing about the matter at all.

You was afraid to be summoned as A witteness I suppose?

I did not want to hear any thing at all about it, and I did not care any thing about it.

You say you sat up two hours after supper?

Yes we had the things to move away before we could go to bed after suppers was over.

Where there any other persons went to Quincy on the same boast besides yourself from Warsaw.

I don’t think there was.

When Sharp drove up that evening was his horses sweating very much?

I did not notice.

How long before day was it you said you went to bed?

I said we went to bed about 4 oclock.

Do you know what time you got up the next morning?

It was day light Sir.

How long had you been in bed?

I went to bed at 4 o clock and got up when it was day light.

Was you in bed 2 hours?

I supose we where prahaps more.

It was the 27th of June?

Yes sire it was.

Did you sleep any after you went to bed

No.

You can then form A pretty good Idea how long you was in bed?

I said 2 hours and it might be more.

Do you know Mr. Fellps of Nauvoo?

No Sir I do not.

Do you know Taylor?

I know him by sight.

Do you know Brigham Young?

Yes.

Had you every any conversation with him.

No.

Do you know Mr. Littlefield?

No.

Do you know Orson Pratt?

I know him by sight.

Are you aquainted personally with any of the Twelve?

No.

Do you know any one of them?

I know them when I see them.

And you are not aquainted with any of them?

No.

Do you know either of the Misses Smiths?

I know them by sight.

You are not aquainted with them?

No.

Reti

Benjeman Brackenberry Sworn:

Mr. Lamburn. Where was you on the day the Smiths where killed?

I was on the road between this and Carthage.

Was you in Warsaw that morning?

Yes.

What time did you leave Warsaw that morning?

About nine oclock.

Did you leave in A company with the troops?

Yes.

Where were they going to?

When they left there I understood they where going to Nauvoo.

In what capasity was you?

I drove a Baggage Waggon.

Whose waggon did you drive?

It was Mr. Fullers waggon?

Where did you live then

I lived in Warsaw.

Whose company was the waggon attached too.

I believe Davises Company.

How meny companys where there along?

Two or three.

Who was the cap. of them.

Davis and Grover I do not know the other mans name.

And you was driving A baggage Waggon?

Yes.

What time was it when you got to the railroad shanties?

About 12 o’clock.

What was done there?

We halted there and took dinner.

Did you know Williams?

Yes.

Was he along with you from Warsaw to the railroad?

I do not know wether he was or not I saw him there.

Do you know Alridge?

Yes.

Was he there?

Yes.

Did you see Sharp there.

Yes.

And Grover was there I supose with his company?

Yes.

Was there any thing said about the Governor disbanding the troops?

Williams read an Order to disband the troops.

Did you hear any of these 5 men make A speash that day.

No Sir.

Was William on horse back or on foot?

He was on horse back.

What sort of A horse did he ride.

He rode a surrel mare.

Was Sharp on horse back or on foot?

He was on horse back.

Do you know what sort of A horse Sharpe rode?

No.

Was Alridge on horse back?

Yes.

Was Davis and Grover on horse back.

No they was on foot.

You say you heard no speaches made.

No.

Did you hear any call made for volenteers?

Yes Grover made A call for volenteers to go to Carthage to see what the Governor had disbanded the men for.

So you concluded to come on?

Yes.

I was in Mr. Fullers employment.

Did he direct you to drive on to Carthage?

Yes.

Was there nothing said about Jo or Hiram Smith?

No.

Did you hear Williams, Alridge or Sharp say any thing about going to Carthage or did they make any division in the company.

Yes some went back and some went on to Carthage.

How long after they made this division before they started?

They did not stay more than half an hour.

How meny of these 5 men came along to Carthage?

I do not remember seeing any except Mr. Grover till we got half way hear.

Who did you see when you got half way hear?

I saw Alridg Williams and Sharp.

Did you not see Davis?

No.

Did you see him any more that day?

Yes about A quarter of A mile off the Jail Davis came on in A waggon in company with some others.

What sort of A waggon was it that Davis and others came in?

It belonged to A Mr. Coal.

Was there A place out here where A division was made?

Yes Sir 3 or 4 miles out on the Warsaw road.

Was any of these men there then?

I saw Grover Sharp and Williams there.

Do you know of them who left that point to come to town in advance of the company.

I don’t know where they went.

Did you see any more of the troops after the baggage waggons left.

Yes I saw them come out of the timber that is near Carthage.

Which way did you come?

I came down the Warsaw road.

Did you come into town?

No Sir I staid About A quarter of A mile from the Jail.

Who directed you to go back?

The company came up some and some got in the waggon.

Was there any other baggage Waggons there besides the one you drove?

Yes another one that belonged to Fuller.

While you was there Did Davis overtake you?

Yes.

How many was there in the waggon when Davis came up?

4 or 5.

Where they armed?

I don’t know.

What did these men say?

They said they had killed Smith

Did you see Grover come back?

Yes

Was Grover on foot?

Yes, he road with me part of the way.

Did he say anything about killing Smith?

Yes. He said they had killed Smith, and said he was A damned [illegible] man he said Smith struck him in the face.

Did he say he was one that rushed by the guard

I heard him say he was the first man in the house.

You did not see any other of these men on their return with the company.

I don’t remember seeing them.

Did you see them before you got home?

Yes I saw Sharp Alridge and Williams ride by on horse back they over took us.

Did they say any thing as they went by?

I forget.

Was there A carraige along that day?

I don’t recollect.

Was there any body els in the waggon when Grover was talking about it?

Yes. did you know A man by the name of Brarus?

Yes he was wounded in the shoulder. And Wells was wounded in the arm, and there was a boy wounded in the face.

When they started to come up here did you hear any person say what was their object?

No.

Did you not hear Grover say what their object was?

He said it was to see what the Governor had disbanded them for, I knew of no other purpose till one of the Carthage Grays brought A letter.

Who did he give it to?

He gave it to Alridge.

Did he read it?

Yes and after that told us what our movements where to be.

Had you any orders given that you should approach the town?

Yes Alridge told us when we should go into town to get A little apart.

Did they obey the orders and come stringing in in that way?

Yes some stopt and let their horses eat some grass.

When the troops returned from the jail did they return in A hurry?

Yes.

Was they running?

Yes.

How far did you go back that night with you waggon?

I went to Warsaw.

Where did you got to at Warsaw?

I went to Fullers.

What time did you get back to Warsaw that night?

It was 12 o clock at night.

Where where the rest of the men about that time when you got to Warsaw?

Some where in Warsaw and some where coming.

Did Grover come to Warsaw with you?

He got out of the waggon before he got to Warsaw?

How did he got then?

He went on foot.

What buisness does Fuller follow?

He keeps teems.

Do you know where the men went that night to get supper?

No.

Did you go by the Warsaw house that night when you went into Warsaw?

No I did not drive by I drove up and unhitched my horses from the waggon and let me horses stand.

Did you see any person in the Warsaw house?

Yes.

How meny.

20 or 30.

Did you go in the house?

No.

Did you see Davis and Grover after you got back?

No.

Was Williams or any of these men there that night?

No.

You never saw them after they past you in the road?

No.

That was A short distance from Carthage?

Yes.

Did you know A man by the name of Kay?

No.

Did you know a man by the name of Greg?

Yes.

Where does he live?

He lived in Warsaw then.

Where does he live now?

I do not know.

Did you see him that day in this place?

Yes.

Where did you see him?

I saw him along with the rest of the men, he was the first that brought the news to me of the Smiths being killed?

Did he tell you they where both killed?

Yes.

Did he tell of any body els being killed or hurt?

No.

Did you hear any of these five men say to any body that the Carthage Grays where in the conspirasy?

No.

You did not hear any other speak of their intention for coming hear except Grover?

No.

And he said the reason was to see the Governor?

Yes.

When the companys left the waggons A few miles from Carthage which way did they go?

They turned to the left.

Did they approach that timber?

Yes.

Did you see them enter the timber?

I could not see that far. I was them when they came out of the timber going to the jail.

Did you know their intention at that time?

No, I thought they where going to take him to Missourie and hang him.

Cross Examined by Mr. Browning.:

You heard no speach made at the crossing of the railroad?

No.

Williams, Sharp and Alridg you say where all on horse back?

Yes.

You say Williams rode A surral Mare?

Yes.

And that was before any person came to Carthage?

I was before I came.

Those three men pased you when you where on you way back to Warsaw after you left Carthage all on horse back and there riding the same horses?

I do not know wether they where on the same horses or not but they where riding.

Are you scertain that Williams Alridge and Sharp passed you at all?

I think they did all together.

Did they ride altogether in A breast?

No.

If they where not altogether how far did they ride apart?

2 or 3 yards.

Which one of them was far most?

I do not know.

Was they conversing with eash other as they past?

I don’t know.

Was Grover in your waggon at that time?

He was.

Did any of these three men speak to Grover as the passed?

I forget wether they did or not.

How far from Carthage was it that they passed you?

I think between half and three quarters of A mile.

At the railroad you say you heard Grover call volenteers to go to Carthage to see the Governor?

Yes.

That was the only reason you heard assigned for coming to Carthage until you met the Carthage Gray.

Yes.

Was there any thing said about killing the Smiths?

No.

When this person as you took to be the Carthage Gray came up with A note Alridge took and read it?

Yes.

Did he read it loud?

He read it that I could hear.

How far did he stand off you?

About 50 yards.

You Did not hear what was in that note?

No.

Did the Carthage Gray deliver the note to Alridge as soon as he came up?

I did not see him come up.

Try to recolect if you did not state before the Grand jury, that the Carthage Gray took Mr. Williams to one side, and said if you want to do anything now is your time?

I heard him say there was no person in Carthage but what they could rely upon.

Who was he talking too when he said that?

He was talking to the men there with him.

You were 50 yards distanse from him?

Yes about that.

You say you could not hear any thing Alridge said?

No not that I recollect.

Did any person make any reply?

I do not recollect.

And that was all you heard said at that time?

Yes.

Who was that Carthage Gray?

I do not know him.

What size of A man was he?

He was A middling sized man.

Was he A stout round fased men was he stouter than you are?

Yes Sir.

About what age might he be?

I should think about 30 years of age.

Do you think you would know him if you should see him?

No I never saw him before nor since?

How can you describe him then?

I recollect him so that I can describe him.

Had he A hat or A cap on his head?

I don’t recollect.

What king of A coat had he on?

He had A gray coat on.

Was it A short coat or A long one?

It was A short one.

Had it short skirts or was it A round about?

I had skirts upon it.

What kind of pantaloons had he on?

I don’t recollect.

How did you know this was A Carthage Gray?

I was told he was.

Was he talking in A loud voice?

Not very loud.

Was he talking as loud as I am not?

About as loud.

What els did he say?

I did not hear it.

What did you hear him say?

He said there was no body in Carthage but what we can depend upon, now is the time for you to rush on.

Was you halted or driving on?

I was standing still at that time.

Did this happen in the front or rear of the companys?

It took place about the middle.

Who told you he was A Carthage Gray?

I do not recollect.

Did you see Grover talking with him?

I don’t recollect wether he was talking to him or the rest of them.

Where did that Gray go to?

He came in this way.

Where did he come from when he came to the company?

I do not know.

Was he on horse back?

Yes. What kind of A horse was he riding?

I forget.

Did you ever state that he was riding up an Iron gray horse?

I think it was an iron gray or A [illegible], and if it was not that coulor it was some other coulor.

Had you any thing to drink that day?

Yes Sire I had taken enough so that I felt pretty well.

You felt pretty nice?

Yes.

How nise was you?

I don’t know how nice I was but I felt nice.

You saw all at the plase where the division took plase except Davis?

I think I did.

Did all the companys leave the road?

Yes the most of them.

Who was with you?

Mr. Hotten was riding in my waggon part of the time.

You saw no more of the troops till you got near Carthage.

No.

Where did you first see them after they first seperated?

I saw them in the timber.

Was you driving forward.

Yes.

How far do you say you halted from the jail?

About A quarter of A mile.

They where as near to you when at the jail as at any other time?

Yes.

Did you was you saw Grover going to the jail?

I said he left the company about 4 miles from Carthage and came from the jail when he came back.

Did you see Davis at the jail?

No.

Did you see Alridge at the jail?

No.

Did you see Sharp at the jail?

No.

Did you see Williams there?

No.

Did you not state to the Grand jury that you saw Williams at the jail sitting on his horse all the time the men where there!

I don’t think I did.

Did you not state before the grand jury that Williams came riding up from the jail to where your waggon was standing and passed right by you?

I don’t think I did.

You stated that A Mr. Cregg came riding up to your waggon and told of the killing of the Smiths? Did you not state before the grand jury that his name was James Greg?/

I don’t know wether I did or not.

Was Greg on horse back?

Yes.

Did he pass right on towards Warsaw?

Yes.

Did you see any thing more of him that evening?

No.

How long was it after Greg passed before Williams and Alridge and Sharp passed by you on horse back?

I do not know how long, prahaps half an hour or three quarters.

As Sharp passed you did he say any thing to any person in your waggon?

Not that I can remember.

Did you not state before the grand jury that Sharp came up to your wagon and said the Smiths where both dead for he had hold of them before he left the jail.

I don’t recolect saying so but somebody said so that night.

Did you not state before the Grand jury that you could not be mistaken about seeing Williams at the jail?

I don’t think I did.

How was Grover dressed that day?

I don’t recollect his clothing only his cap and feathers.

How meny feathers he in his cap?

I don’t recollect prahaps three or four.

Where they all in the same place in his cap?

They where all in the same place I believe.

Did he ware them in the front or on one side or behind?

In the front beleive.

What coulour was those feathers.

Black.

All Black?

Yes they where all black.

Had any others feathers in their caps or hats?

Alridge was about all that had them.

What coulour was Allridge’s feathers?

Black I beleive.

Did he ware these feathers on to Carthage?

Yes.

Had he them in when you met the Carthage gray?

Yes I beleive he had.

Had you turned your wagon round to go back to Warsaw when Cap. Grover came up to you?

Yes.

Who was the first to get into your waggon after the Smiths where killed?

I forget.

Was it Grover?

I do not know.

Who was the first who came to tell you to turn and go back?

I was Mr. Chatendun and some others.

Did they get into your waggon?

Yes.

Was it before or after Grover came up?

I don’t know. Wells Glew and Boarus got into my waggon.

When was it you first saw Boarus and Glew?

I saw them on the road going to Warsaw.

How meny got into your Waggon?

5 or 6.

Did they state who they where?

No.

Did you not state before the grand jury that A number of persons came from the jail and got into your waggons among them was Chatendun Wells and Grover?

I don’t remember.

Where was it in Warsaw you saw Glew?

I saw him in main street that night.

When Grover got into your waggon was he conversing about the killing of the Smiths?

He was talking to Wells about it.

And Grover said he went into the jail?

Yes Sir hes said he was the first man in the jail, and Jo Smith seiged him and struck him twise in the fase.

Did he say he saw Hiram Smith in the jail?

I did not hear him say wether he saw him or not.

He spoke only of Jo?

Yes.

Did he say any thing about Jo being armed?

I think he said he had a pistol.

Did he say why Jo did not shoot him instead of strike him with his fist?

No.

What did he say Smith did with his pistol?

I did not hear him say.

What was it you did hear him say about the pistol?

I forget now what it was I heard him say some thing about him being armed.

You did not hear him say any thing about A pistol then?

The first thing that I heard him say was that he was armed.

You where mistaken then when you stated he said that Jo had A pistol?

U am not sure what he said but I beleive he said pistol and arms both.

Had Grover A sword on that day?

I do not know.

Had not all the officers swords?

I forget wether they had or not.

What you recollect is not very distinckt about the events of that day?

Not very.

You remember that you felt very nice yourself?

Yes I should have remembered things better if I had not felt so, I think likly.

Did you not state before the grand jury, that Grover said that Jo struck him twice in the face but he got revenge upon him for he through him out of the window?

I do not remember.

Did you hear Grover say anything about throwing him out of the window?

Not that I recollect.

In what direction where you from the jail?

South west A little more west than south.

From the possition you occupied could you see the window Smith fell from?

I could not.

What time of the day was it when you started back to Warsaw?

Between 4 and 5 o’clock in the evening.

Where you driving an ox or A horse teem?

I was driving A horse teem.

How meny horses was in the teem?

2.

It was a common horse waggon?

Yes.

How far is it from here to Warsaw?

I think about 18 miles.

After you had stopt your waggon from A quarter to A half miles from the jail you say Davis came past?

Yes.

Was he on foot?

No he was riding in A waggon.

What kind of A waggon was he riding in?

I do not know.

How meny persons where in that wagon?

5 or 6.

Who was driving that Waggon?

I forget.

Did you know any other person in that Waggon besides Davis?

I forget but I beleive there was one of the name of Jo. Johnson, but who els I cannot say I am not shure he was in the waggon but I think he was.

Had any of those in that waggon been with the troops when you left the rail road crossing?

I think not.

Did they stop when they came up to your waggon?

They past by two or three rods South of us.

Did they make any enquirys as they past?

I don’t know wether they did or not.

Did they go to the jail?

No.

Had there been any firing at the time this waggon past?

I beleive there was firing at the time they past.

You think the firing had comenced at the jail at the time they past?

I beleive it had.

About how many persons came out of the town and went to the jail?

About 50.

Did you hear any firing before you heard that at the jail?

The first I saw was at the jail.

Did you see the troops as they came up the fence?

No.

You heard no firing at all then when they came up the fence?

No.

By what means did you asertain they where firing when Davis past you?

I saw the smoke of guns.

Was the smok on the out side of the jail or on inside?

It was on the out side.

Did you see any flash?

I saw the smoke rise at the knock of the gun.

What side of the jail where the men that was firing?

At the south end.

Where they just firing at the jail?

I do not know what they where firing at.

Did Grover say how he got loose from Smith?

NO.

Where abouts was Glewer wounded in the face?

In the check like as if A ball had taken the skin off.

What age was Glewer?

He was A boy between 14 and 18 I should think.

How far from Warsaw was it where Grover got out of your waggon?

It was two or three miles from hear.

Did you see any thing more of him that night?

I do not recollect.

Who was in your waggon when you got to Warsaw?

One or two men.

Did Wells ride all the way?

No; and the Chatendens did not ride more than half a mile.

You went most of the way then with an empty waggon except two or three men?

I had not more than 5 I beleive.

Where do you reside?

A Nauvoo.

Are you a member of the Mormon church?

No.

Have you A family?

No.

Who do you live with in Nauvoo?

I live with David Durkie my step father.

Is he a member of the church?

Yes.

Is your mother?

Yes.

What buisness do you follow?

[illegible]

How long have you followed that buisness?

Most of this winter.

How long have you lived in Nauvoo?

Six years this spring.

And you comenced the profession of loafering just after the last term of court?

I had followed it a good deal before that time.

Did you know that William H. Daniels?

I have seen him.

Is he of the same trade as yourself?

I don’t know what he follows.

Have you and him ever had any conversation upon this case?

I have had A little with him.

You where conected with each other to talk over knew about this matter or you have conected together what each of you knew about this matter?

Yes but not quit all.

When did Daniels first tell you about seeing this marvolous light?

Before the last term of court.

How did he discribe that light to you?

He said it was like lightening .

Your and him have talked about what your would be upon this case?

A little he told me what he saw and I told him what I saw.

And you aquainted with Miss Eliza Grame?

No.

You never saw her while she lived in Warsaw?

No.

Have you and her ever had any conversation about this case?

No.

Who pays you for your attendance at court hear?

I have no pay.

Did you get any thing for attending last term?

No.

Who pays your boards hear in Carthage?

I don’t know who.

Who paid you board the last term?

I don’t know that it is paid yet.

I supose you have you often conversed about his matter?

Yes.

When did you first tell what you heard Grover say About this matter?

It was in the latter part of last summer.

Before that time you had never told what you heard Grover say about this matter?

I don’t know that I did.

Who applied to you to know what Grover said upon the subject?

Squir Wood.

Where did he call upon you at?

At the Nauvoo Mansion.

Who was with him?

No body.

Was you ever applied to by any other person?

No.

Did you not make an affidavit at Nauvoo as to what you knew about the killing of the Smtihs?

No.

Did you not say in your affidavid that Col. Williams came all the way from the railroad crossing to Carthage with you?

I never told any [illegible] at Nauvoo upon the case at all.

Did you not stake then that Williams came all the way with the troops?

No.

Whad day of the mounth was it that this scercumstanse took plase?

It was the 27 of May.

Was it A clear day?

Yes.

Was the moon shining that night?

I don’t know.

Did you not swear as at Nauvoo there where only 4 or 5 guns fired?

I think I did swear to 5 guns.

Where there any men at the jail before before those men came out of the woods?

I don’t recollect that there was.

It was at the front of the jail at the south end you saw the firing?

Yes.

Did you ever say that Williams gave the command for the firing at the jail?

No.

Have you ever stated that if they did not feed you and cloth you better at Nauvoo you would quit them?

No.

Have you not complained A little?

I suposed they did not use me as well as they did Daniels.

How old are you?

18 years.

When Boarus got out of you waggon did he walk?

I beleive he did.

You say Wells was shot in the arm?

yes.

Had he his arm in A sling?

I forget if his arm was in A sling but I think he had A handkerchief tied round it Boarus was on foot when I saw him.

He had not been riding in your waggon at all?

No.

Mr. Lamborn: you said the Smiths where killed on the 27th of May Did you mean June?

I meant June.

Was you ever offered any thing or paid any thing for swaring?

No I was never offered or paid any thing for swearing at all.

You do not not wether your board was paid for attending the court here last fall?

No.

Mr. Browning: Have you had any money since the last term of Court?

I have had A little now and then.

How did you come by it?

For driving A teem.

Court Ajourned till 7 o'clock Tuesday morning

Second Version of Testimony:

“Minutes record proceedings at the trial of the murderers of Joseph Smith. Included are witnesses’ testimonies, indictment, jurors, and arguments of the prosecution and defense, probably recorded by the counsel for the defense. Copy made by Wilford C. Wood from original notes.”

Benjamin Brackenbury:

on the day Jo Smith was killed I was on the road between Warsaw & Carthage I was in [illegible] that [page torn] about 9 o’ clock they left [page torn] I drove a baggage Waggon [page torn] this [illegible] was attached to [page torn] [illegible]. Came along D. G & the others from Golden Plains we got to RRS- between 11&12 [illegible] and eat dinner- I know Col W saw him at RR- I know A and saw him at RR- G & D were there- W read an order to disband the troops after dinner- I heard none of Defts make a speach- W was on horse back [illegible] - S was [illegible] don’t recollect what kind of hors A on horsback – D & G on foot G called for volunteers to go to Carthage to [illegible] what he [illegible] the men for [illegible] arms in their hands for - Did not hear any thing said about killing the Smiths- Did not hear W or A or S call for [illegible] I saw none of Defts here [illegible] untill we got half way here- then I saw A & S don’t know whether I saw W or not I saw D about [illegible] from Jail [illegible] then overtook them about 4 miles from here I saw A G W & S- they then left did not see them any more untill we turned back- I was about ¼ mile from Jail when Smiths were killed after I had stopped D came up I don’t recollect who they were they saw nothing [illegible]- Grover saw Smith was a [illegible] him [illegible] cough him G and struck him twice in the face- G said he was the first man in the house ½ [illegible] from [illegible] W S & A caught up with us- I heard none of the Defts but G say anything about it.- [illegible] was in the wagon at home G spoke of it [illegible] was wounded in the arm [illegible] in the shoulder and [illegible] in the face I did not know that they had any other object in [illegible] untill one of the Carthage [illegible] brought us a [illegible] and then [illegible] told him they were going to take the Smiths to [illegible] and hand [illegible] – when the troops from Jail met us they were an [illegible]. two of the [illegible] turned the baggage Wagg back I went to Warsaw that night got there about 12 when I [illegible] there some of the men had got in and some were coming- there were a good many persons about Warsaw House some 20 or 30 I did not go in did not see either of Defts afterwards. Do not know [illegible] do know [illegible] I saw him coming out & he was the first that brought the [illegible] to me [page torn] hear either Defts say any [page torn] [illegible] knowing all [page torn] RR I was near [page torn] [illegible] Did not hear [page torn] who wanted go to Carthage [page torn] – when the men 4 miles from here left they went to the left towards the paint of lumber. never heard either of the Defts say that they were going to kill Smith-

Cross Examination

I heard no speach [illegible] mad W S A were on horseback this was before I came to Carthage. the same [illegible] me on my way back and they were there on horseback – I am not right sure that they were together but but they were in sight of each other Grover was in my way [illegible] they [illegible] I cannot recollect that either of them spoke to G [illegible] time Grover stated that he wished to come to Carthage to see the Govner about the pubblick [illegible] and sayd that he had given him and [illegible] for [illegible] and was responsible for them when the [illegible] came up with I did not state before the Grand Jury that Col W was at the Jail all the time the men were there I did not state that Col W [illegible] from the Jail past my wagon I don’t think that I stated before the Grand Jury that [illegible] name was [illegible]. it was half an hour after [illegible] before A & S & W [illegible] it [illegible]

Rebuting testimony.

Examined by Mr. Browning

William Smith sworn:

I will get you to inform the jury wether you where [sic, were] in the Grand jury when the indictment was found against these defendants.

I was.

Was there a witness by the name of Benjeman Brackenbury examined before you that day?

There was.

Have you ever seen him since?

Not till yesterday.

Was it the same man examined before you on the finding of this indictment last term?

I think it was.

Will you relate what he said on that occasion in relation to Williams being present at the jail at the killing of the Smiths.

He stated that Williams was at the jail, that he rode on a dark bay or surral horse he rather thought a surral.

Just state as near as you can the substance of his evidence on that occasion as relates to these 5 individuals.

He stated that he was riding with a man by the name of Fuller and they came up within a quarter or half a mile from the jail and that he saw Williams on horse back at the jail. He was asked by some of the jury if he was aquainted with Williams and knew it to be him upon which he said he could not be mistaken I think he said also that Williams rode out from the jail towards Carthage; I don’t know that I recollect any other scircumstance.

Do you recollect wether or not Brackenberry made any statement as to what Sharp said about the Smiths being dead?

I think he stated on his return to Warsaw that Mr. Sharp overtook him and stated that Jo and Hiram where [sic, were] dead for he had had hold of them since the men left the jail.

Cross examined by Mr. Lamburn:

Do you state what occurred before the grand jury from recollection or from a memorandum?

From both.

Have you got a memorandum?

There was some little memorandum kept by James Renolds (sic).

Was there a copy of the evidence taken down at the time?

There was.

Who took it down?

John J. Hitcock that would show the correct state of the matters as they where [sic, were] then.

Did you hear it read after it was written?

It was read once or twise [sic, twice].

You think that that document contained a true statement of the evidence given?

Yes it did then.

If you was to see that paper would you know if it was correct now?

I don’t know that I am well enough aquainted with the hand writing of Hitcock.

Do you recollect all that Brackenberry said on that day?

I don’t know that I do.

Did you hear him state that he was at the railroad shanties?

I did.

Do you recollect what he said occured (sic) there?

I do not recollect all.

Did you hear his statements yesterday of what occured (sic) there?

I heard part of it.

Did that curespond [sic, correspond] with what he said before the grand jury?

Part of it.

What part of it differed?

I don’t know that it was different.

Did he state before the grand jury as he stated yesterday that he came along with them driving A baggage waggon?

He did.

Did he state that he drove Fullers waggon?

Yes.

Did he state any thing about Eliot?

I think not.

Did he say anything about Eliot being in the company?

Not that I recollect.

You don’t recollect wether he said any thing about Eliot or not?

I have rather an impression he did not but I am not scertain my memory is rather weak.

Did he say any thing about meeting a man by the name of Smith?

He said he saw a man by that name.

He said he saw a man by the name of Smith as they came up?

Yes.

Did he say they separated the waggons going one way and the company another?

I think he did.

At What point did he say those men left the company to come into town?

He said somthing [sic, something] about being met by a Carthage Gray and his testimony went to show that Alridge and Williams where [sic, were] with them at the time the Carthage Gray came up soon after that Williams and Alridge left but how I think he did not state.

Was his evidence the same yesterday about the Carthage Gray?

I think he stated that the man came out that was said to be the Carthage Gray not from a knowledg[e] he had for himself but was told by some other person I think he stated that he saw Williams and Steavens conversing with the man.

Do you recollect that he said before the Grand jury that these men past him on his way back in his waggon on horse back?

I don’t recollect.

What sort of a horse do you say he said Williams was riding?

I think a bay or surrel but I rather think a surrel.

Did he say he had seen Williams or a bay or surrel that day before the killing of the Smiths?

I don’t think he did.

Was not this the way he stated about Williams riding that horse that evening; that he had seen him riding a bay or a surral at the shanties and that he saw him coming back that evening riding the same horse; Don’t you think he stated that it was his opinion?

I did not understand him to.

You think he stated positivly he was there on horse back?

Yes he said so according to my best recollection (sic).

He did not state it inferentially any thing seen before or after?

No.

How far did he say Williams was from the jail when the killing took place?

I think he said about half a mile he was then interogated by some of the jury how he knew about the transaction going on at the jail at so great a distance he then stated it was then about a quarter to half a mile.

Who did he say before the grand jury brought on the first intelligence that Smith was killed?

I think that he stated that some of the men from the jail came out and got into his waggon, I think he said Grover was one of them and Wells and I think Boarus was one and Gallier.

Did he say anything about a man of the name of Greg before the Grand jury?

I think he said some thing about that man.

Did he say Greg past him on horse back and told him the smiths where killed?

I don’t recollect.

Did he say a man by the name of Chatenders told him to turn the waggons and go back?

I think he said that some individual told him to put out some of the baggag[e] and return back.

This memorandum from which you refresh your memory was it made when the witteness was before the Grand jury?

We made it from the best recollection we had of the case, and hearing the evidence again.

Was not his evidance was the same as was before?

Generally; I think the evidance was the same in substance.

When was it this evidance was given before the Grand jury?

Last fall.

Mr. Browning:

Did you hear him say on yesterday how meny got into his waggon?

I think he stated there was 5.

Do you recollect that he said Boarus and Gallier got into his waggon?

I think he stated that Boarus and Gallier did not get in his wagon.

Did this differ from his evidence before the Grand jury?

I think to the best of my recollection he said Boarus and Gallier got into his waggon but being loaded to heavy some one got out.

Did he state his name that got out?

He stated his name was James Greg.

Do you recollect or did you hear what he said on yesterday about the Gray when he came up?

I don’t know that I did.

You recollect that he sated [sic, stated] before the Grand jury that the Carthage Gray held conversation with Williams and Steavens?

I do.

What became of the written evedance that was taken last term of Court before the Grand jury?

It was said to be taken away by Mr. McNeal.

Do you or not know if Mr. Lamborn has seen that written evidence?

I do not.

Had you no conversation with him?

I have had some conversation with him.

Do you know if that written testimony was sent for by him through the mail?

No.

Did he say what he heard the Gray say in conversation with these men?

I don’t recollect.

Was there a Miss Eliza Grame called and examined before the Grand jury?

There was not.

Retired.

James Reynolds Sworn.:

Mr. Reynolds I will get you to inform the jury wether you where [sic, were] not in the Grand jury?

I was.

Was there A witteness examined before the Grand jury by the name of Benjamin Brackenberry?

There was.

Will you state what Brackenberry said on that occasion as to William’s presense [sic, presence] at the jail at the time of the killing of the Smiths?

He said he saw him at the jail at the time of the transaction setting on A horse.

What did he state before the Grand jury in relation to A Carthage Gray who met them some 4 miles from hear (sic)?

He said there was A person met them who appeard to him to be A Carthage Gray and from what he saw of him he was in conversation with Williams and Steavens on one side.

Did he state he heard anything the Gray said to Williams and Steavens?

He said he heard the Gray say “Now is the time for any thing you want to do in town” or words to that import.

What account did he give of the horse the Carthage Gray was riding?

(The witteness here drew from his pocket A memorandom of the proceedings of the Grand jury and said) I made this memorandum the day after the evidence was taken.

Have you read the testimoney [sic, testimony] or memorandom as it was taken from the mouth of the witteness?

No Mr. McNeal took it away.

So imeadietly on going home you wrote this memorandom from recollection?

Yes.

Cross Examined by Mr. Lamborn.:

Who wrote out the memorandom McNeal took away?

I think it was written by Mr. Hitcock the clerk of the Grand jury.

Would you know it again if you saw it?

I think I should for I wrote part of it my self.

Retired.

Larkin Scot Sworn:

Mr. Scot where do you reside?

I live 8 ½ miles from this on the Quincy road.

Do you know A man by the name of Daniels?

I do.

Did you ever have any conversation with him or hear him make any statements with regard to the killing of the Smiths?

The nights after the report came to us he came to my house about dark or A little after dark there was A considerable quantity of people there for some time afterwards among the company was John Pike and Derock Fullar After A short time I said I thought that it was possible they where tired and told the Gentlemen to go up stairs and got to bed; about two oclock in the morning there was A considerable quantity of people gathering in the neighbourd as I termed to obey the orders of the Governor before they has got them. I went up stairs about two oclock on hearing Daniels say that he was tired and wanted to go home to his family, and as Mr. Henderson had not gone he thought he had better get up and go with them he accordingly got up and we went down to hendersons but they had not got up. I suposed they where gone but have understood since they did not go till next day. In conversing with them that rose that morning upon this matter the Generall feelling was that the Missorians had murdered these men. I asked Daniels if they where all Missorians the reply was they where not Missorians he then stated that he knew all about it “for I was in the company” he also stated in the conversation that Francklin Worrel was hard to manage for it took two or three to hold him down that he waved his sword very much and made strong efforts then he said “I am the man who took the sword from him and threw it over the fence” I then replied to Daniels in these words how did you feel in seeing this man shot down his reply was that he did not regret it that it did not moov him for they justly diserved it. He then comenced to tell me some names but I said stop it keep that to yourself Mr. Daniels and the conversation upon that subject was at an end.

Did he tell you any thing about A light?

Not any thing.

Did he tell you about seeing 4 men shoot Smith after he fell out of the window?

I don’t recollect any conversation of that kind with Daniels.

Did he tell you that these 4 men where so parrallized they had to carry them off the ground?

No.

Cross Examined by Mr. Lamborn.:

He did not tell you the perticulars of the scercumstance at all?

He told me just what I have stated to you.

What you told is just what he told you?

Yes.

He said the officer of the Gaurd was hard to hold down?

Yes.

When he comenced naming names who did he name?

He spoke of Jacob Davis that he as a man was a back out and then called him A coward and said he turned back to Warsaw and used his influence to get others to turn. He names another man by the name of Bedell and damned him for going back.

Why did you stop him from telling the names of those engaged in killing the Smiths?

Because I did not want to know the men that did it.

Why did you not want to know the men that did it?

Because I felt that I did not want to know any thing more about.

You stopt him before he mentioned any others?

Yes.

And he termed Davis A coward?

Yes.

Retired.

Derrick Fullar Sworn:

Mr. Fullar where do you reside?

In the dirrection of Quincy.

Do you know A man by the name of Daniels?

I have seen him.

Did you ever have any conversation with him about the killing of the Smiths?

I have had some.

Where did you see him?

He overtook me on the road.

Will you inform the jury when you met him and where and what was said, tell it in your own way?

The night the Smiths was killed I was on my way home he told me the Smiths where killed I don’t know that I can tell the conversation.

Well tell us as near as you can what he said of the manner of the killing and how he knew so.

He told me there was A company of men came up to the jail, the guard fired on them as they came up the guard clinched in the struggle he said he took Worrels sword from him that two or three men had hold of him he said he came up and struck him on the hand and took the sword and through it over the fence into the Garding he requested me than that if I saw Worrel before he did to tell him where the sword lay.

Did Mr. Daniels tell you on this occasion any thing about A marvolous light?

No.

Did he tell you about some man taking Smith after he fell through the window and setting him up for 4 other men to shoot him?

He told me about setting him up against the well curb but I do not recollect him saying any thing about 4 others shooting him I am not scertain but he said they placed him up against the wall of the house.

Did he tell you about 4 men who where so much terrified that they where parrallized and had to be carried away?

No.

Cross Examined by Mr. Lamborn.:

Had you been in town that day?

Yes.

Was you at the jail?

No.

Was you in town at the time the Smiths were killed?

I was out of town about a quarter of a mile.

Did you know when you heard the guns firing what they where firing for?

No.

Had you heard any thing about what was the intention of the people with regard to the Smiths?

No.

Had you seen any of these men that day?

I saw Williams Sharp I did not know.

Was he on foot or on horse back?

he was on foot.

Was Daniels on foot?

Yes.

Did you hear Daniels statements before this court?

Yes.

Did his statements told hear the other day correspond with what he told you?

I think they did.

Did he say Worrel carried anything but his sword?

No.

Did he say any thing about what the rest of the Gaurd was doing Did he say the gaurd was shooting at the crowd?

Yes.

Did he say that any of them was hurt?

No.

Did he say any thing about Mr. Browings Marvolous light and parraletic strok?

No.

Did he tell you was there at the killing?

I think he named Williams

Did he say anything about it being planed between the gaurd and and the mob how they should accomplish the killing of the Smiths?

No.

What did he say occurred from the time they where disbanded till they came up there to the jail?

I cannot tell.

Your recollection is not very perfect I think?

I recollect what I have stated.

You only recollect about the sword buisness and the light You are shure he said there was no lightening?

He did not say any thing about it.

You think the balance of his statements here is about what he stated to you.

Yes.

Did he tell you wether he turned from the road with the mob or came on by himself?

I cannot recollect.

I suppose the tenor of his statements was that he was with them?

Yes.

Did he say any thing about his being up on guard?

No.

Did he tell you about Smith hanging out of the window?

No.

Did you understand from him in that conversation wether he was in the inside of the jail?

No.

Retired.

John Pike sworn.:

Mr. Pike are you aquainted with a man by the name of William Daniels?

I know him when I see him.

Have you had any conversation with him about the killing of the Smiths?

I have

I will get you to state to the jury when and where that conversation took place.

I know but little about it but what little I do know I got from the mans own mouth. On the evening the Smiths was willed just before they were killed I was leaving Carthage for home, and Mr. Daniels ketched up with me and Mr. Fullar. We had got up near Widow Hallys field a little round the corner Mr. Daniels got up with me and Mr. Fullar when he got up to us he seemed to be in a considerable bluster and complained of being tired I asked him what had tired him he said he was among the first section of men that jumped the fence and attacked the gaurd and said he had a scuffle with Worrel saing [sic, saying] what a stout man Worrel was “for it took four of them to hold him down and then he got up and drew his sword but I catched the sword with one of my hands and struck his rist with my other hand and he let the sword go I then threw the sword over the fence into the garden in the northwest corner of the garden across the street” he told me and Mr. Fullar to tell him where the sword lay if any of us should see him before he did I cannot tell you all that he said at that time I beleive he stated something about Davis taking back his company to Warsaw and said (I beleive) that he would ride home on a rail because he would not come to Carthage, He did not say anything as I recollect about any of the rest of the men.

Cross examined by Mr. Lamborn:

Did he say anything about A marvelous flash light?

Yes.

What did he tell you about it?

He said there was a flash of lightening came down there at the time.

Did he say anything about there (sic) setting him up against the well curb?

Not that I recollect.

You say he did saw something about a flash of light?

Yes.

Was he scared when Jo was killed?

Yes he appeared very much scared.

You as (sic, was) not at the jail yourself?

No but I saw the smoke of the guns.

Did you ever see Worrel after to tell him about his sword?

No.

Retired.

John Carlisle sworn.:

Are you aquainted with William M. Daniels?

I have seen him.

Did you ever have any conversation with him about the killing of the Smiths?

I have.

When and where?

at Mr. Scots.

When?

It was the night of the same day the Smiths was killed

Did Daniels sleep at the Scots that night?

He was there part of the night I don’t know if he slept there.

Was he in bed there?

Yes.

Who with?

With myself.

Tell the jury what he said to you upon the subject of killing the Smiths Did he state any thing about wether he had any thing to do with it?

He said he was not satisfied that they where [sic, were] killed and he only came there to be A spectator.

Did he state wether he was present when they were killed?

He did not state to me that he was all that he said to me was that he was not satisfied they where [sic, were] killed.

Cross examined by Mr. Lamburn.

What time did he say they were killed?

He did not tell me.

What time of night was when you had this conversation?

It was late bed time.

He did not say what time it was when they where [sic, were] killed?

No.

Did he tell who killed them?

He said they were shot.

Did he say anything about the guards?

No.

Was you at the railroad shanties that day?

No.

Was you along with the companys that day?

No.

Where was you that day?

I was in Carthage in the morning.

What was you going in Carthage that morning?

I was here on particular buisness.

What time did you leave to go home?

In the forenoon.

Was Smith killed when you left?

I supose not.

Did you hear any thing that they were about to be killed?

No.

What time did Daniels get to the house that you staid in that night?

I cannot tell.

How meny did Daniels say came up from the Shanties?

He did not tell me. I only asked him one question.

What was that?

I asked him what his name was, and he told me that he heard at the shanties the Smiths where [sic, were] to be killed and he came up to see to satisfie [sic, satisfy] himself.

Had you heard the Smiths were dead before he told you?

I had.

This was at Larkin Scots?

Yes.

Who was present when he told you?

Not any person

Was any thing stated as to you being A witteness in this case?

I did not know I should have to be A witteness till last saterday week.

Have you told any body about it since then?

Yes I told Thomas Dall

Who called on you for a witteness?

Thomas Dall.

You were called upon to prove I supose that Daniels heard that the Smiths were dead and came to town to see if it was so?

Daniels told me that he was at the princes shanties when the Smiths were murdered and he went to see if the report was true.

How long is it since you told Dalls of what Daniels said to you?

About a week.

That was before you was called upon to be a witeness?

I do not recollect.

How long ago is it since you told him?

I cannot tell.

How meny weeks ago?

I cannot tell you.

Is it two months ago?

No.

Did you tell any body els about it before?

No.

Was he asking you what you knew about it?

I don’t know.

How came he to ask you to be a witteness.

I cannot tell.

Did he not come to you and ask you what you knew about it?

Yes.

Cross examined by Browning.

Was it not in the same conversation that he told you to be a witteness?

Yes it was in the same conversation it all came in conversation together.

Retired.

Coalman Garrat sworn:

Where do you reside?

I live in Taylor County.

Do you know A man by the name of Daniels?

I do.

Did you ever hear him say anything upon the subject of his being A witteness on this case against these men?

I have.

Tell the jury.

He stated he was getting pretty well paid, I asked him what he was doing at that time he said he had quit coopering and never expected to do any more hard work he said he could make money easier than with coopering I think it was either 5 or 6 hundred dollars the Mormons had to give him and at that time he had got some for I got 50 cents of it myself for some butter.

Did he say what they where [sic, were] to give him this money for?

Yes it was for giving his evedence against these men.

Where was this conversation?

In Quincy last winter.

Had you known Daniels before that time?

I have known him about two years.

You were at Quincy marketing?

Yes.

Did he purchas[e] any thing of you?

No not at that time.

You say you once got money from him and he said he got it from him and he said he got it from the Mormons?

He did not tell me at that time but he told me afterward it was some of the money he had got from the Mormons.

He bought some butter from you and told you that was some money he had got from the Mormons as he paid you?

Yes.

When Daniels was talking with you about this 500 dollars Did he say the Mormons was paying him that to come hear (sic) and swear A lie?

He did not say “a lie” but to come hear (sic) and swear against these men.

Did Daniels say any thing about the Mormons getting anybody else?

No.

Did he not say they where [sic, were] going to hire of who are not Mormons to tell the truth?

No. He told me the Governor was to pay him three hundred dollars. I thought he was just roamancing then and did not beleive the Governor or the Mormons either had paid him A cent.

Cross examined by Lamborn:

Was you here at the time the Smiths were killed?

No I was in Nauvoo.

Did you know any thing about this matter before it happened?

I did not.

Did you know anything about the having their guns loaded with blanck [sic, blank] caterage [sic, cartridges]?

I did not.

At the time you was speaking to Daniels was he A Mormon?

Yes.

Did he not tell you he had contemplated to go away for the state paid him for his time?

No.

He said Governor Ford was to give him three hundred dollars and the Twelve at Nauvoo 500?

He said 5 or 6 hundred.

Court adjourned till half past 1 p.m.

Court met pursuant to adjournment

James L. Gill sworn.:

Where do you reside?

In Quincy.

Are you aquainted with A man by the name of Daniels?

Yes.

Where did you become aquainted with him?

In Quincy.

Have you ever had any conversation with him about his being a witteness?

Yes about three times.

I will get you to state to the jury what Daniels said in relation to his being A witteness.

The first time he came to Quincy he said he came from Agusta I asked him if he had heard the reports of the killing of the Smiths he said he [k]new nothing about it and wished all the Mormons in this state were driven out after that I had not a great deal of talk with him till after he came from Nauvoo for after he had stoped (sic) there a while he came back and told me he had made A great speculation in writting A book I asked him what what (sic) kind of A book he told me he was going to write a book upon the proceedings as they happened in Carthage I said you told me you knew nothing about it but said he say nothing about it as soon as I can make speculation of some dollars I will make it I asked him if he had got any money he said no but he had got 100 dollars in trade I told him I thought he had not generall knowledge enough to write A Book he asked me why I thought that I said I know he was not A man of A very great figure for I had tried him he told me then that he had freinds to aid him he said he did not want to work hard and if he could get along without working he meant to do so. I showed him my hands and said I expected to work hard for my living. After that some time I proposed to go a hunting with him it was in the latter end of October or the first of November we went to hunt and on our travel he told me that he was to get 500 dollars if he could make out to swear against some people he also told me that there was A man in the city hotels that offered him 500 dollars.

Did he say who he was to swear against?

No. He said he did not know if he would take the money or not he said if he could raise it he would pocket the money and go away he said if he could receive it he did not care about any side he would put it in his pocket and leave them all. I told him he was getting into A curious buisness he said he did not know much about it now but he could get to know after a while. With this our conversation ended.

Cross examined by Mr. Lamborn.

When was it he told you about getting the 100 dollars?

It was after he came down from Nauvoo.

In what Mounth.

I think it was in the mounth of August.

What was he to get it for?

For writing A book.

Do you know when that Book of Daniel was written?

I never saw it.

He told you he had got the 100 dollars?

He did not say.

Did you not hear him say something about it here in this court the other day?

I did not notice.

Did he say he was to get 500 dollars for being A witteness?

He said he was going to get 500 dollars if he could swear against the Smiths.

Did he say if he could raise it he would not do it?

He said if he could raise the 500 dollars he would go to [N]ew York he would go there for he was born there.

Well did he get the money?

I don’t know you will have to ask himself I am not ajent [sic, agent] to him.

Did you speak to any one about it?

No.

Did you ever tell it to any body?

I may have talked about it.

How came you to be hear as A witteness if you never talked about it to any body?

I wrote to Mr. Sharp in Warsaw.

Did Sharp give you 500 dollars for coming here?

No Sir.

When did you write to Sharp about it?

About one mounth ago.

Had you not been consulted about it before you wrote to Sharp?

No.

What did you write to Sharp?

I could not recollect.

I suppose you wrote you would come up and swear for him?

I did not say I would come up and swear I said I would come and testefy.

Did no body talk to you about what you would swear for here?

No.

You thought it was your duty to write to Sharp?

Yes.

How did you come to know that Daniels was to be A witteness at all?

I knew he was indicted.

And you get nothing for coming here?

Not A cent Sir.

Who pays your expenses?

No one but myself.

I suppose you thought it right to kill Jo Smith?

I don’t think it right to kill any man.

What mad[e] you so peculiar ancious [sic, anxious] in volenteering your services [sic, services]?

I thought I was in duty bound to do so.

Daniels said he was not here in Carthage at at (sic) all?

Yes Sir he told me he had come from Augusta.

Did he say he was not at Carthage at the time the Smiths was killed?

No.

Did he tell you he had been at Warsaw?

Yes.

Did he tell you he was there on the morning of the day the Smiths was killed?

No.

You say he did not say he was not at Carthage?

Yes.

How long have you been in Quincy?

Better than two years.

Where did you live before you went to Quincy?

In Alton.

What part of Alton?

I lived in the upper town.

Retired.

George Seabole sworn.:

Will you tell the jury where you live?

I live in Quincy.

What trade do you follow?

I follow coopering.

Are you aquainted with Daniels?

Yes.

Where did you get aquainted with him?

In Quincy.

Did he work in the same shop with you?

Yes.

In What shop?

In Chatmans.

Is it opposite the city hotel?

Yes.

Did you ever have any conversation with him upon the subject of his being a witteness in this case?

Yes.

I will get you to tell the jury what Daniels said?

He told one he could make 500 dollars in the way of speculation I asked him what the speculation was but he did not tell me at that time he told me again afterwards when he said it was A thing he did not wish to undertake that there was A man in the city hotel that had offered it to him.

Cross examined by Mr. Lamborn

He said he had a scertain way of making A speculation Did he say what this man would give him the 500 dollars for?

Yes, he said it was for the prosecution of these men.

What men did he name?

He did not mention names he said for the prosecution of the men that where [sic, were] said to be the murderers of the Smiths.

Retired.

Charles Andrews sworn:

Are you aquainted with Daniels?

Yes.

How long have you known him?

For the last two years.

Did you ever have any conversation with him about his being a witteness in the case against the men supposed to be the murderes (sic) of the Smiths?

He has said some things to me about it.

State to the jury what he said.

He came to my house on the 5th or 6th of July and told me he was just from Nauvoo I then asked him what had been going on he said he had seen Joseph and Hiram Smith both of them killed. He also told me he had got some money from Emit to bear his expenses he then took out A handful from his pocket. I beleive there was nothing more said at that time. Some time afterwards he told me he was offered 500 dollars to go away He asked me what I thought of it, I answered him that if I was him I would Devilish quick go, I asked him who offered it to him the answer was it was offered to me by Mr. Bedell of Warsaw, he offered him 500 Dollars to go away but if he should stay he could 1000 dollars from the state, well says I suppose they kill you you (sic) which I am afraid they will some one; said he if they do my wife will get the money and that is just as well.

Did you have any other conversation with him

not that I can remember.

Is Mr. Daniels family conected with yours?

My wife and his wife are sisters.

Do you know Eliza Grame?

I do not know her but her countenance is very famialiar (sic) to me I think I have Daniels speak of her.

Cross examined by Mr. Lamborn.

What did Daniels come down from Nauvoo to Quincy for?

He came down to see his Mother in law as she was with him at that time.

Was the Governor there at that time?

Not that I know of.

Did you not know that he came down there to see the Governor to give the information on this matter?

I do not remember

Don’t you recollect that [F]ord was there then?

I don’t think he was there.

Did you never hear Daniels speak of having intercourse with the Governor?

I don’t recollect I remember him saying that he was A perticular freind of the Governor’s.

Did he say that Ernie Smith gave him any money?

Yes.

How much did he say she gave him?

10 dollars he said he had had many offers he said that Bedell offered him 500.

And the state 1000?

Yes.

Did you not look upon it in the light of being mere roamanse (sic, romance)?

I supposed it was.

You thought it was not A fact of his being offered this amount?

I did not place much confidence in it.

You told him you was afraid he would be killed by some one?

I told him so.

Why did you think so.

Because if he came out against those murders they would kill him.

You thought if they had killed the other men they would kill him too?

Yes.

Retired.

George McLean sworn.:

Mr. McLean tell the jury where you live?

I live in Quincy.

What is your trade?

I am a cooper.

Do you know A man by the name of Daniels?

I am A little aquainted with him.

Did you ever work in the same shop with him?

No.

Did you ever have any conversation with Daniels up the subject of his being A witteness against the men who is supposed to have killed the Smiths.

I can say that I did in the conversation I had with him; he came where I was at work on the 27th of July last and that was the first time I had ever seen him, I asked him if he was not A son of the old man Daniels and he said he was. We had considerable talk about the Smiths I asked him if he knew any thing about it how the Death occured [illegible]. He said he did not and told me he was in Agusta the night it occurred (sic) and had remained there until the 27th of July he then came to Quincy I think he told me in company with the Governor but I thought the governor came on before him; After that I suppose some mounths I think two mounths after we got in conversation again he wanted to know the reason why I worked so hard said he there is no use of A man working when he could make plenty of money without working he said he had a good prospect in view but he did not tell me what it was he said he could make money plenty without working and he had received some money A day or two before that, that is about all he ever told me, I think he told me he had received 20 dollars in a letter.

Cross examined by Mr. Lamborn

Did you never know him before he went to Quincy?

No never before.

When you first saw him you asked him if he was the son of the old man Daniels?

Yes.

He told you he came with the Governor on the 27th of July?

He came the night before and I saw him on the next day the 27th of July.

He said he was in Agusta the night of the murder?

Yes.

And he did not know any any thing at all about it on the 27th of July you are shure?

Yes.

Did you keep a memorandom of it?

No.

You recollect that he said so?

Yes.

You thought he had not been in town meny days before that?

His Brotherinlaw told me he came on the night before.

After he spoke to you of the speculation did he not tell you what it was?

No.

He spoke of making 4 or 500 dollars and did not specefie [sic, specify] any number?

No.

And he had got 20 dollars of it already? Did you see the money?

No I only had his word for it.

Who did he say he got it from?

He did not say only he received it in A letter through the post office.

Retired.

Abraham Chatenden sworn:

Do you remember the day in which the Smiths where killed in Carthage?

I recollect the day it was said they where [sic, were] killed.

I will tell you to inform the jury what time of that day you saw Mr. Grover?

I saw him on the morning the Smiths where [sic, were] killed.

Where?

I saw him at my house near Warsaw.

Did he breakfast at your house that morning?

He Breakfasted in my sons room.

He did not eat breakfast at the tavern unless he eat two breakfastes [sic, breakfasts]?

I was not at the tavern.

Did you see James Gregg the night the Smiths were killed?

I saw him go on past my house and spoke to him.

In what way was he riding?

On horse back.

Did he ride by your house?

Yes. I think it was A light Gray stud.

He was just from Carthage?

I believe so.

Was there any person in company with him?

If there was I do not recollect now.

You are scertain he was not riding A two horse bugie [sic, buggy] in company with Mr. Sharp?

I know he was not.

How far was it to your house to where Fleming then kept tavern?

It is supposed to be half a mile from my house to the river and near half a mile to Fleming’s tavern.

Cross examined by Mr. Lamborn.

Was Mr. Grover ever at your house since that morning the troops were in camp?

I think not.

Did you ever hear Mr. Grover say any thing about it since?

No.

Was he absent that day?

He was not at home.

What did James Gregg say when you spoke to him?

He told me the Smiths where dead and the Governor has not nipt us yet for we have killed the Smiths.

Where is Gregg now?

I think he is in Warsaw.

How long was it before night when this conversation took place?

I should think it was about half an hour before night.

Did you see Gregg any more that evening?

I don’t think I did.

Was you down in town that night?

I was.

What time did you see Sharp that night?

After candle lighting.

Where did you see him?

I saw him near the post Masters.

Did he say any thing about the Smiths being killed?

No.

Did you see Alridge that night?

I don’t think I did?

Did you see the Williams in town that night?

No.

Did you see Grover?

I don’t think I did.

Did you see A lot of men come into town the night the Smiths was killed?

I did not.

Did you hear any thing of them?

No.

Retired.

Mr. Bedell sworn.:

Where do you reside?

In Warsaw.

Did you live there at the time the Smiths where killed?

I did.

Where you there on the night the Smiths where killed?

Yes I was there on the 27th of June 1845.

Did you see Sharp there that day?

I saw him come into town in the evening a little before Sun set.

Who was in company with him?

I don’t recollect seeing any one in company with him.

How was he traveling?

On horse back.

You are scertain he did not come into town in a two horse Bugy [sic, Buggy]?

I saw him come into town riding upon a cream collard [sic, colored] horse.

Where did Sharp stop when he came in?

A little above his own dwelling in the same dwelling.

He dismounted there?

I think he did.

How far was that from Fleming’s taveron [sic, tavern]?

About 40 yards.

Will you tell us about that 500 dollars you offered to Daniels?

I did not offer it to him, or any thing els.

Cross escamined [sic, examined] by Mr. Lamborn.

Did you know there was an express sent out that night from Warsaw to Quincy?

I know a great meny persons went to Quincy in the Boarus.

Did you see Sharp or Gregg in the place about dark?

I did not.

I[t] was a little before sun down you saw Sharp come into Warsaw?

Yes.

You do not pretend to say that Sharp and Gregg was not in a buggy an hour or two after that?

No Sir.

Where [sic, were] you at the shanties that day?

I was not.

Was you in any place beating up for Volenteers to come to Carthage?

I was not.

Was Grover or any of these men about in Warsaw on the forenoon the Smiths were killed?

I did not see them.

Where Did you see Davis that day?

5 or 6 miles from Warsaw.

Did he start back with you?

Yes, He asked me to get off my hores [sic, horses] and let him have it. but I refused to let him go suposing he wanted him to go to Carthage but I did let him go as he (Davis) was going to see some freinds; He asked me for him a second time but I refused to let go if he was going to Carthage with him and he told me to go and tell them not to go to Carthage.

What time did you get into Warsaw?

Early in the afternoon.

Did you see Davis after that?

I am not positive that I saw him after that.

Cross examined by Browning.

How was Davis traveling?

There was a waggon in the company but when I saw him he was on foot.

Whose waggon was it?

I don’t know

Court adjourned till 7 o’clock next morning.

Court opened pursuant to adjournment on the 28th day of May in the year 1845

John W. Williams sworn:

Will you state to the jury wether you where [sic, were] in Carthage on the morning of the day the Smiths were killed?

I was in Carthage on the 27th of June last in the morning.

Did you see Sharp here that morning?

Yes imeadiatly after breakfast.

Who was he in company with

he was in company with Governor Ford.

Where were they at?

They where [sic, were] in the Governors room where I first saw them, and Sharp envited the Governor out into another room and they went out, this was in Hamiltons tavern.

About what time in the morning was that?

I think it was before 8 o’clock in the morning, it was previous to the Governors convening in councel [sic, counsel] with the officers to consider wether he would countermand the order given to March to Nauvoo.

Cross examined by Mr. Lamborn.

Was Sharp present when that council convened and was held?

I don’t know I saw him present imeadietly before.

What was the result of the dilberations [sic, deliberations] of that council?

The Governor was to take one company to Nauvoo and the rest where [sic, were] to be disbanded excpt [sic, except] the Grays who staid hear in town.

What did they stay here for?

To Gaurd the jail.

Was Jo in custudy then

Yes.

Had there been a great excitement [sic, excitement]?

Yes.

Was the excitement [sic, excitement] about the Mormons great about Warsaw?

I cannot say.

There was a great deal of bitterness manifested by the “old cityzens” against the Mormons at that time?

Yes.

Did you see a man going out of town that day on a dun pony?

I saw a man going out but do not remember the couler of the horse.

Do you know the man that went out?

Yes I saw Mr. Barns go out.

Was it Docker Barns.

No.

What was Sharp doing doing (sic) that morning what was he saying to the Governor?

He was trying to persuade the Governor?

He was trying to persuade the Governor not to disband the troops but proceed imeadietly to Nauvoo.

What did he say was his object for that?

I don’t remember that he had any particular object in view.

How meny troops where there in Carthage at that time?

About 600 exclusive of those which were at Warsaw.

Retired.

Captain Gold sworn:

Where [sic, were] you in Warsaw on the evening and night of the day the Smiths where killed last summer?

I was there.

Did you or did you not see Sharp when he came into town that evening?

I saw him.

How was he traveling?

He was riding A dark bay horse it might have been a surral but I think it was A bay I think the horse belonged to Mr. Deadman of Missorie [sic, Missouri].

Was any person in company with him?

When I first saw him I think James Gregg was in company with him.

Where did Sharp stop when he came into town?

He stopt at his own house.

How far frome [sic, from] Fleming’s Tavern is that?

About 40 yards this side on the oppisit side of the street

He did not go into Flemings and stop there?

No.

He was not traveling in A two horse buggy.

No, for I took his horse myself he stops before the road close to the door I think I took it myself and itched [sic, hitched] it. I know I stood by the horse when he jumped off.

What time was it in the evening?

I think it was about sun down but I am not scertain if the sun was quit down yet.

Where did Gregg and Sharp seperate and which way did Gregg go?

About 50 yards from Sharps house Gregg turned to the right to go to the stables or to his own house they separated about 100 yards from Flemings.

Did you see any thing more of them between that time and dark?

I saw him from his window after he went into his own house I saw him no more that night.

Where [sic, were] you about Flemings Tavern about dark that evening?

Yes I was there near all the evening.

Do you know if Sharp and Gregg rode up in a two horsed buggy?

They did not.

Don’t you think you would have seen them if they had rode up?

Yes I know I should have seen them if they had arrived before dark but if they had arrived after dark I might not have seen them.

How was your house situated in relation to Flemings tavern?

Imeadietly oppisit, there is nothing between the two houses.

Where [sic, were] you keeping store in the house opisit Fleming’s?

I was.

How was your store doors oppened (sic)?

They opened with two larg[e] doors in frunt of the street and they where [sic, were] kept open all day in warm wether [sic, weather], so that there was nothing to obstruct my seeing. The doors where [sic, were] opened all the day.

Till what time that night did you remain about Flemings tavern?

I think it was about 11 o’clock when I left the house after that I was called out on gaurd I went from there for I boarded at Flemings.

Did some men arrive there some time in the night for whome (sic) supper was prepared?

Yes the extra supper was prepared and over before I left.

This was some time in the night?

Yes in the after part of the night.

When you speak of the evening you mean from dark till mid night?

Yes I think the time of supper was nine o’clock which continued till 11 o’clock before they had done eating it might have been later but I think not.

You was there when the men comenced (sic) arriving and remained while they were all done eating and supper was all over?

Yes.

You waited upon the table did you not?

I did.

Did you see any thing of Grover there?

No I did not see Grover that night?

No I did not see Grover that night I do not recollect of seeing him that day.

Where [sic, were] you at that time well aquainted with Grover?

Yes.

Do you think Grover could have been with the company when they arrived that night without you seeing him?

I think he could not have eaten supper there without my seeing him.

Cross examined by Lamborn.

You think it was before sun down when Sharp arrived?

Yes I think it was.

Had you been in Warsaw all that day?

Yes.

You say Sharp stopt and you took his horse?

I think I took his horse.

What did you say to him?

Some one hollowed [sic, hollered] out “what’s the news[”] the answer was “Jo and Hiram are no more,[”] this was the first time I heard of their death.

What did you do after you took away his horse?

I went back into the ranks.

Where was the ranks?

Right in frunt of Sharps house.

You was in the ranks there that evening?

I was.

How meny was there in company

I think about 12.

Do you recollect of seeing Gregg any more that evening?

I do not.

Do you know if there was a two horse buggy got up that evening to send an express?

I think not.

How long did you stay in the ranks?

About 10 minits.

Where did you go there?

We went where we had a mind to we was part of the time in the store and part of the time in the street.

Do you know how meny carriages where out that day?

I do not.

Was there meny people in town that day?

There was not meny till evening.

Where was you at dark?

I cannot say exactly I was either in the store or the tavern I think I was in the street between the store and the tavern.

Do you know wether you was in this place all the time?

I don’t know but I know I was in one of these three places.

Did you see that company come in the night?

Yes.

Where was you then?

I was out on my own stop or at the tavern door or in the street.

Did you not see Grover in some of those companys?

I did not.

Where was you when Key called for supper?

I don’t know.

Where is that man Key?

I have not seen him for A few days.

Dose [sic, does] he live at Warsaw?

Yes.

You say you was not present when Key called for supper?

No.

How meny were there at supper?

I guess there was 45 prahaps [sic, perhaps] 50 or 60 as near as I could guess.

Did you see any wounded men there?

I saw one in the street but I saw none in the house to the best of my recollections.

Did you see Captain Davis along with the company?

I did not.

Were there others waiting on the table besides you?

Key and myself did the principle part of the waiting.

Was there not some in the bar room part of the time.

I presume there was I don’t recollect being in the bar room.

Could not Davis or Grover have been in the barr (sic) room and you not see him?

I think not.

They might have been in the dining room and you not see them?

They might have been there and I not see them.

What was said among the men while at supper or after?

I don’t recollect.

You was not in the kitchen when the wounded man sat but the fire?

I was in the kitchen but did not see him he might have been there and I not see him.

You don’t pretend to say that Grover did not take him in there?

I do not.

Did you see Miss Grame there?

I did.

She was about in the house was she?

Yes she and two other ladys was in poring [sic, pouring] the coffy [sic, coffee].

Where was you when the men first went into the house?

I don’t know if I went in with them or not.

You was all walking about before supper was ready?

Yes I was not in the house before the supper was ready.

And then you waited on the table?

Yes.

Did you hear them say anything about having come from Carthage that evening in a hurry?

I knew they had come from Carthage but I did not hear them say anything about it.

Do you know the wounded men you said you saw out of doors?

I think it was Wells.

Where was he wounded

he said he was wounded in the rist I did not see the wound.

Did Wells say anything about who wounded him?

I don’t think he did.

You was there at the usual supper time did you see Davis and Grover then?

No.

Have you any recollection of seeing either of them during the course of the day or night?

No.

Cross examined by Browning.

Did the table at which the coffy [sic, coffee] was poured out stand in the kitchen or dining room?

I think the dining room.

Did you breakfast at Flemings that morning?

Yes.

Did Grover and Davis breakfast there that morning?

I think not.

Where did Grover lodge generally?

I am not scertain I think he lodged at his office I never knew him lodge at the tavern.

Was there any alarm in Warsaw that night?

There was during the latter part of that night.

What followed the alarm?

There was some consternation

Was there any in the house among the women?

I don’t know.

Cross examined by Lamborn.

Was there any alarm that night?

No.

Cross examined by Browning.

Was there not A an alarme (sic) the next night that the Mormons coming down to Warsaw?

I think not.

Did Grame and Fleming go in A steam boat?

I did not see them go but I knew they were gone in the morning.

Retired.

Thomas L. Inglish

I reside in Quincy.- I am acquainted with William M Daniels & have been since last July became acquainted with him in Quincy.- I have had two or three conversations with him about his being a Witness vs. Defts.- The first time I saw him at Quincy he said he came from [illegible] he told me he knew nothing at all about the killing of the Smiths said he wished all the Mormons in Ill were driven out that he was sorry they ever came. – he afterwards went to Nauvoo and after he came back he told me he had [illegible] he had made a great speculation by [illegible, looks like ‘riting’] a book about the proceedings in Carthage why says I you told me you know nothing [illegible] about it Will says he as long as I can make a speculation I will and do you say nothing about it he told me he had got one hundred dollars [illegible] which suited him as [illegible] as money.- why says I you are not Intelligent enough to write a book ok says he I will tell you being a [illegible, looks like ‘brother’] [illegible] I will tell you I have [crossed out a]friends to help me he said it suited him [illegible, crossed out] well to enter [crossed out, into] such a [illegible].

he told me some time afterwards when we went a hunting that he was to get 500$ to sware against some person for killing the Smiths he mentioned no names.- he said he was not sure he would take it but he [illegible, looks like ‘likened’] he would take the money put it in his pocket and go off to the East and have them all he did not care about either party I mad the remark to him [illegible, crossed out] [illegible, looks like ‘that’] he was [illegible] into a [illegible] if he did not know anything about it to take money to swear he said that if [illegible] not know he could

Cross Examination

It was after the later part of August of 1st of September that he [illegible, crossed out] got $100 [crossed out that] for writing a book.

Mrs. Fleming Sworn:

Mrs. Fleming will you state if you please wether you recollect the day on which the Smiths where killed in Carthage?

Yes.

Where were you residing at that time?

In Warsaw.

Was your husband keeping tavern in Warsaw at that time?

Yes,

You where at home all that evening and night?

Yes.

Where were you when you first received the news of the death of the Smiths?

I was in my room.

Did you see Sharp and Gregg ride up to your door about dark that evening!

Not that I remember.

Had you any conversation that evening about the murder of the Smiths?

No.

Had you any conversation that evening of any kind with Mr. Sharp?

None at all.

Have you any recollection of him and Gregg coming into the Hall and calling on you for a drink of water?

They did not do so.

Do you remember the scercumstanse of a number of men coming there after night and taking supper?

I remember it.

Where you at that time well aquainted with Grover?

Yes.

Did you see him among the number who came there and eat supper that night?

I did not see him.

Did Grover bring A wounded man to the kitchen that night and ask your permition to let him sit by the fire?

No.

Was there a wounded man sitting by the fire that night?

Yes sir.

Do you know who he was?

No.

You are shure Grover did not bring him there and ask and ask your permission to let him sit by the fire that night?

Yes.

Cross Examined by Lamborn.:

Did you see the wounded man when he first came there?

Yes.

Do you know who went into the kitchen with him?

I might have known then but I don’t recollect now who it was.

Might it not have been Grover and you have forgotten it?

It was not grover.

Might not Davis and Grover have been there that night and you have forgotten?

They might.

How many took supper there that night?

More than 40 or 50.

Did you hear them say anything about what they had been doing?

No.

Did they not talk about their being at Carthage?

No.

Did they say thing about the Mormons or the Smiths or any thing else?

No. they did not say any thing in my hearing.

Did you see Sharp any time that after noon?

Not that I recollect.

It has been near A year ago might it not have been what you have forgoten.

I think not.

Who told you about the Death of the Smiths?

I beleive it was one of my own Brothers.

What time that evening was you told of the Death of the Smiths?

About sun down I am not shure who told me but I am shure it was not Sharp that told me.

Did you see Gregg that evening!

I don’t recollect.

Was there A good meny passing about that evening!

There was A good meny there late in the evening.

Was there not A great meny about there before dark?

No.

What time of night did they come for supper?

According to the best of my recollection it was about nine o’clock.

What time was it before they got through?

It was as much as 2 o’clock in the morning.

You did not hear Sharp say anything about the murder that evening you are scertain?

I did not.

Cross examined by Browning.:

Do you recollect any thing about an alarm that night?

There was not any perticular alarm there was a little.

Lamborn.:

Was it that night the Smiths where killed the alarm was?

Yes.

What time was that alarm?

Near day light.

When did you go to Quincy?

On thursday night.

What time of night did you go?

I do not remember.

Did you know any body at all that was there that night?

I don’t recollect meny of them.

Do you recollect of seeing key there?

Yes.

Do you remember who the wounded man was?

No.

Had he a blanket upon him.

Yes.

Who put that upon him?

If I knew then I don’t recollect now.

Was it cold that night?

Yes.

Was he there all that evening when they comenced supper and till they got through?

I don’t recollect.

Who was in the house besids you?

Eliza Grame and my motherinlaw and another lady.

Was there not A woman there by the name of Gerrat? Yes.

Is Key living in Warsaw?

Yes.

Dose Gregg live there.

Yes.

Who called for supper that night?

Key.

Who did he ask for supper!

Me.

Retired. This closes the evedences of the witteness on both sides.

Court adjourned till two o’closk P.M.

The Court is asked to instruct the jury for the Defendants that unless the circumstances and facts proven in this case satisfy them as fully and completely of the guilt of the Defendants as they would have been satisfied by the positive evidence of eye witnesses, they will fins the Defendants not guilty.

That if all the facts and circumstances which evidence in this case tends to prove may be true, and still the murder have been committed by other persons than the Defts, and without the agency of the Defendants, that then it will be the duty of the jury to find the Defendants not guilty.

That unless the evidence is of such a character as to establish [illegible] guilt of the Defendants, and to show that the murder must have been committed by them, and to satisfy the mind of the jury beyond all reasonable doubt that the murder could not have been committed by other persons than the Defendants, and without the agency of the Defendants, that then they will find the Defendants not guilty

That where the evidence is circumstantial, admitting all to be proven which the evidence tends to prove, if then the jury can make any supposition consistent with the facts, by which the murder might have been committed without the agency of the Defendants it will be their duty to make that supposition, and to find the Defendants not guilty

Thet before they can find the Defendants guilty they must be satisfied to the conclusion of every reasonable doubt that the murder was committed by the Defendants, and not by others without the agency of the Defendants and that if they entertain any reasonable doubt of the murder having been committed by the Defendants, that then it will be their duty to find the Defendants not guilty

That in order to a verdict of acquittal it is not necessary that the jury should be able to say who committed the murder. That if they are in doubt as to who the persons are who actually committed the murder, and if it is possible, consistently with the facts proved that the murder may have been committed by other persons than the Defendants and without their consent that then they must find a verdict of not guilty

That it is not necessary for the Defendants to prove [illegible] innocent that unless the prosecution has proven them to be guilty beyond all reasonable doubt, that then they must find the Defendants not guilty

That in making up their verdict in this case they will exclude from their consideration all that was said by Daniels, Brackenbury and Miss Graham.

We the Jury find the defendants Not Guilty as charged in the indictments

Jabez A Beebee Foreman

Eudocia Baldwin Marsh, Douglas L. Wilson and Rodney O. Davis, “Mormons in Hancock County: A Reminiscence,” Journal of the Illinois State Historical Society 64, No. 1 (Spring, 1971): 22-65. https://www.jstor.org/stable/pdf/40190837.pdf.

the Governor finally insisted upon the surrender of the chiefs - and accordingly the original document had tow Smiths and two members of the City Council voluntarily surrendered and entered into recognizance to appear at Court. Neither party being prepared for the examination on the charge of treason, the ac- cused were ordered to be placed in the County jail for safe keeping - - The charge of treason was based on the alleged fact of levying war against the State and of declaring martial law in the City, and ordering out the Legion to resist the ex- ecution of the laws*." [*Prophet of Palmyra - P. 273] At the time of the Gov- ernors arrival, there were about 1700 men encamped /35/ in and around Carthage, and the little town was the scene of great bustle and excitement- - We children went sometimes to see the drilling and parading - delighted with the tumult and commotion, the music of fife and drum, the waving and fluttering of the stars and stripes in the warm June breezes. The galloping hither and thither of Colonels and Aids de Camp with very red silk sashes, and very bright swords, shouting very peremptory orders - were sights and sounds never to be forgotten by children unaccustomed to any warlike demonstrations. There were other sounds too, for beside the music of fife and drum; high above all could be heard l he droning and shrieking of the bagpipes, for the ubiquitous Scotchman was there to furnish this to us novel and animating music. Sometimes the Piper would be dressed in full Highland costume when the kilt, plaids and bonnet added a lustre and glory to the Pibroch. So soon as the drill was over, Sandie would be sur- rounded by a great crowd of people, listening to the Highland marches and "lamentation" which he played remarkably well, and to which I for one never wearied of listening - - One of my brothers had a faculty of imitating this instrument in a ludicrous manner which never /<£>/ failed to cause laughter and applause from the home circle - He would put a cushion under one arm and with his flute used as a "chanter" go through the motions of filling up the pipes with wind - puffing out his cheeks, shrieking and groaning up and down the gamut as if in search of the tune which when found he would pounce upon with the greatest vigor in a most wonderful and rediculous imitation of the real thing - I remember one large man with a very red face who was considered to be the "crack fifer" of the County - he was always on hand at a training and we could be sure a Hancock contingent was approaching by a certain tune [Pencil note: Jefferson & Liberty] he always played when near to a large crowd - a tune well calculated to make a man "keep step" whether he had any idea of time or no - After the prisoners arrival at Garthage - some of the men among the militia from adjoining Counties - expressed a wish to see the Smiths-- and the Governor hear- ing of this, decided to give them all an opportunity of gratifying this desire - Without making his intention known to them however, The general commanding Singleton[1] ordered all the troops out as if for parade - among them was a well drilled and uniformed company called the Carthage Greys both men and officers being citizens of Carthages and well acquainted with the character and reputation of the prisoners - some of the troops (including the Greys) were encamped /yi/ on the South side of the square - being drawn up in front of their tents expecting evry moment to see the Governor & his Staff appear for the review - After wait- ing some time they saw coming from the direction of Hamiltons Hotel - the Sheriff, Mr. Demming,[2] with the two Smiths - Joseph upon one arm and Hyrum upon the other. They walked quietly to the extreme right of the troops - when the Sheriff began introducing them right and left - Gentlemen this is General Joseph Smith - Mr. Hyrum Smith gentleman - All along the crowded line they passed bowing and smiling - until they reached the vicinity of the Greys who had been interested spectators of these proceedings - the significance of which was gradually dawning upon them - Here were two men, prisoners, under arrest for the crime of treason and many others being escorted by the Sheriff - the Gov- ernor and Staff looking on with complaisancy as if they were persons of distinc- tion - This was too much for the patience of the boys in Grey who began crying out no no - no introductions for us - and as they came nearer, groans and hisses and cries of down with all impostors came from the men. The Sheriffs face turned red - but Smiths was the color of ashes as /30*/ he said "let us get back to the Hotel!" and turning they walked rapidly away in that direction. The people at the Hotel said afterwards that Smith was so exhausted from fright - they were obliged to give him a stimulent to prevent his fainting - and that he and his com- panions were quite willing to be placed in jail, where after dinner they were taken - The Governor was much chagrined at this turn of affairs and as he con- sidered the Greys to have been guilty of rank mutiny promptly ordered them under arrest - The company however declared they were there under arms for the purpose of assisting in bringing the Smiths to lawful punishment and not for their aggrandizement, and furthermore would never submit to arrest for re- fusing to be introduced to them. - - To emphasize this declaration they immediately proceeded to load their guns with ball cartrages - marched at double quick time to the Court House and standing with backs to the brick wall - looked the very embodiment of the defiance they felt. At this juncture the Governor feeling himself no doubt to be "between the devil and the deep sea" sent a deputation to confer with them and to /30,/ invite a number of their officers to a conference with him in the Court House - after which the matter was compromised in some way, and the Greys returned to their former Status

• Mr. Gregg says - "The Gov- ernor now decided to march his whole force to Nauvoo - but does not seem to have had any clearly defined reason for so doing - - The morning of the 27th was fixed upon for the march, and on the 26th the order was given and a message sent to the troops at Warsaw to meet him and the main force at Goldens Point, about seven miles from Nauvoo - but on the morning of the day fixed for the march - he wavered in his intention of taking a force into the city, and called a council of his officers for consultation. A small majority voted in favor of going - but the Governor took the responsibility - countermanded his orders and disbanded the troops, except three companies,* [*I think there was but one com- pany left at Carthage, there being no soldiers in sight that afternoon except the Greys - ] two to remain at Carthage, and one to accompany himself and a few friends into Nauvoo. An order to this effect was accordingly forwarded to the companies at Warsaw who were already on the march, and they were met on the prairie by the disbanding officer before reaching Goldens Point. /40/ After being disbanded, portions of these returned to their homes while others changed their course eastward towards the County seat* - [*Prophet of Palmyra - P. 275] Mr. Greggs temperate recital of these events give but a faint idea of the under- current of excitement - I might truthfully say of rage and disgust the order to disband set in motion. For several days the order to march to Nauvoo had been expected - and as a large body of men must be furnished with subsistance the women of Carthage and other towns proposed to supply what would be necessary in addition to rations furnished by the State - which owing to want of time and system were quite inadequate. - - So when on the morning of the 27th that unexpected order to disband and disperse was received - the disappointment and chagrin was universal. Strong hopes had been entertained that this demonstra- tion of strength with a show of determination to make use of it to secure law and order and the punishment of criminals in the County; would be effectual in lessning crime and possibly in banishing offenders. But the the people of Car- thage after all those sounding manifestoes of the Governor, with promises of aid and comfort, were left in a state of despair and almost total collapse - The /41/ quantity of food cooked and left to waste was an aggrivation and the very sight of it an offence. The Governor rode away very soon after the promulgation of his order to Nauvoo escorted by a company of dragoons from Augusta his expressed intention being to search for counterfeit money - but on reaching the city con- cluded instead to call the people together and make them a speech, in which he claimed he rated them severely and exacted a promise from them, that they would in future keep the laws of the land! - - My two older brothers were members of the Company of Greys and constantly on duty at this time[3] - After the other troops had been disbanded this company moved their tents to the south west corner of the square - Squads of six being sent from time to time to relieve the guard at the jail - The boys had sent us word of the order to disband, and that no further efforts on our part would be necessary for the furnishing of com- missary supplies. Being in a state of uncertainty as to the cause, and wondering much at such an ending to all our hopes - My Mother, little sister and I walked to the town after dinner - going to the home of one of my married sisters who lived in a house on the West side of the square - from which /42/ we had a full view of the tents occupied by the Greys.[4] After a short visit I left the others there and went with a young friend to call upon a lady living but a few blocks away - Between four and five oclock we left the house, when looking down the street or road leading to Warsaw we saw three gentleman from that place riding into town on horse back - I knew them very well and was surprised to see them there, knowing they were members of a military company which had been drilling for days and was expecting to meet the Governor and his troops that day on the march to Nauvoo. We walked leisurely back to my Sisters where my friend left me going on to her home alone. - I had scarcely time to remove my hat - before my brother-in law came hurriedly into the room and said "A party of men are coming to take Joe Smith from jail and to hang him on the public square" - His face was very pale as he took down his sword which hung against the wall - buckled it on his belt and rushed out the door in the direction of the encamp- ment - for he too was a member of the Company of the Greys and an officer. Our feelings of horror and consternation can better be imagined than described - for bad as /43/ we believed the man to be this was something too terrible to be thought of - We went to the front door opening upon the street and looked out - the news that something unusual was about to occur was evidently abroud - for men were running about and gathering in groups - some with scared looking faces - We stood in the door looking no doubt the questions we dared not or could not ask - when a group of passing men stopped - and one of them said - "It is a party of Mormons coming to rescue the Smiths and take them to Nauvoo and we fear the guard will all be killed - they are so few." My mother turned away without speaking and went into the inner room- She knew as we all did that my oldest brother was at the Jail on duty - We had seen him two or three hours before marching by with the others to relieve guard. It did not occur to any of us at this time that this last report might not be true - we must have taken it for granted that my brotherinlaw had been grievously mistaken - I do not re- member to have thought of the three men I saw riding into town late that after- noon in connection with the news my brotherinlaw imparted to us so abruptly - those other events occurring so soon after put the matter entirely /^/ out of my mind - and I have never had from any of those concerned, or present in Carthage that day, any information whatever in regard to the matter - one may imagine them to have been reticent on the subject - but after all these years it has come into my mind - and I now believe that those persons, who were hon- orable men and good citizens - brought the news of what was intended by the mob to the officers of the Greys- (my brotherinlaw being one of them) but only to the officers, not a man in the ranks knew any more than other citizens. Fail- ing to influence the mob to disperse - or prevent thier visit to the Jail - they had probably spurred into town bringing word to those who could prevent useless spill- ing of blood. There was no time to do anything in the way of prevention, as in less than half an hour after I saw after I saw them riding into town, the Smiths were lying cold in death. In the meantime the street in front of the house became a scene of the greatest excitement and confusion - men were running about and shouting - "the "Mormons are coming the guard will be killed" - others said "the Danites are coming to take him home" - but none of them went in the direc- tion of the Jail. The company of Greys /45/ drawn up in front of their tents seemed to be in confusion - The officers expecially the Capt.[5] a man over six feet high was apparently trying to get the men into line - some of the latter had been asleep in thier tents and having been hastily aroused were in a half dazed state looking for uniforms arms &.c. - My brother Tom[6] was there and very much awake
• I saw an officer take him by the arm several times and shove him roughly into the ranks - I heard him shout "Come on you cowards damn you, come on, those boys will all be killed" - and I must confess he swore terribly - something I had never heard him do before. Finally I saw him break away from those trying to hold him, and with gun on shoulder run with all his might past us to- wards the Jail, which was but three or four blocks away. Just then a group of men passed me going the other way, and fearing for the safety of my brothers I said to them "arent you going to the Jail to help those boys?" They all with one exception shook thier heads in a mournful way and passed on - The exception was a Jack Mormon* [*These Jacks as they were called
• were thought little of by either party - being what is sometimes termed on the fence - This man was of rather a timid nature and no doubt feared the bullits of both parties alike.] and his reply was "I dare not." Well I said "my brother was right you are all cowards" and turning /^6/ - away I started after Tom feeling pretty sure he would need help, although I had great faith in his prowess - Running swiftly for some distance, as I turned a corner I suddenly met my mother coming towards me - I was astonished, for I had supposed her to be in the inner room of my sisters house - but apparently more concerned for the welfare of her son than for her own. safety - she had passed out of the house, and through the back gate towards the Jail, which she had almost reached when the mob appeared - Sup- posing them to be Mormons coming to release thier Prophet - she kept on nothing daunted hoping to be of service in saving the boys on guard; before she reached the gate through which part of the disguised men were crowding the foremost ones had cleared the fence siezed the guard and thrown them upon the ground - while others streamed up the stairs which were plainly visible from the street. In another moment my /tf/ mother saw Joseph Smith come to the window lean far out - then suddenly throw up his hands and with a loud cry pitch head- long to the ground. [Pencil note: the bullits striking] Then and not until then, did she know that these men were not Mormons Turning away in horror, and heart sick at such a sight - she met me and took me back to my sisters, telling us what she had witnessed, and expressing her conviction that our troubles were by no means over - as thier Prophets death would doubtless be terribly avenged by his people. - It was known afterwards that on hearing the rumor that a large body of men were approaching the town the Jailor had gone to the prisoners, informed them of the fact and begged them to allow him to lock them in the cells - (the Sheriff had allowed them the use of a large front room) but they refused to be locked up - Joe Smith saying gaily - "I think they must be friends - it will be all right Jailor - dont worry" - It was also known afterwards that after the demonstration made against him by the Carthage Greys Smith had written to his Lieutenant in command of the Legion at Nauvoo to come to Carthage at once with a sufiecient number of men to release and take him home This being the reason of his sanguin belief /^S/ that the men seen approaching the town were his friends - The Greys were finally brought into marching order by thier officers and reached the Jail in time to see the rear portion of the mob disappear- ing in the distance. - - I will give in this connection a few extracts from a article contributed to a New York paper by a gentleman who was a citizen of Carthage at that time - a well known lawyer of high standing in the County[7] - "The Governor indiscreetly had Joseph and his brother taken round and formally presented to the soldiery. The latter were incensed that so much respect should be shown a criminal and suspected that he would be let off upon his submission, without any adequate punishment; whereas they had answered the Governors call in the expectation of sterner dealing.
• • On the morning of June 27th Governor Ford dischargeding all his forces except a cavelry company and the Carthage Greys, and leaving the Jail, with Smith and his friends in the Parlor chamber in charge of reliefs of guards from the Greys - He went with the cavalry to Nauvoo to inspect the city - to give good advice to the Mormons, and require a surrender of the State arms in thier possession. . . ,[8] Late in the /40,/ after- noon, a large body of men was seen coming rapidly from the west - - Who about a mile from town turned off north to a line of woods coming down back of the Jail - soon they emerged from the woods and came up to the Jail upon the double quick. As they came round to the front, the guard standing on the steps fired down from an elevation of three or four feet into the midst of them when not twenty feet distant. The writer saw six flashes streaming toward the crowd but nobody fell. The assailants having thier faces blackened with powder rushed forward and seized the guards and threw them upon ground. Most of them were easy to handle, but one who did not know that ball cartridges had been replaced with blanks in thier guns, at the last relief - who was not in the secret at all - but thought he had fired to kill and was all in earnest throughout - ' a tall athletic stammering boy of nineteen years made it rough for those who held him. He floundered and pounded, vociferating "Y-y-y-y-you! - "Lie still you fool we are not going to hurt you!" D-d-d - continued Frank kicking and struggling /50/ to break loose and trying franticly to break the third command- ment though his impediment of speech saved him from the actual sin - As many as could now rushed up the stairway, at the head of which was the room where the prisoner and his friends were. They tried in vain to burst in the door, for the Smiths and two "Bishops" - all heavy men - bore against it from the other side. Then turning their muzzles of thier guns against the thin paneled door, several of them fired killing Hyrum and wounding Joseph and Bishop Taylor, - when all inside retreated, except Richards who, shielded in a corner behind the now opened door, escaped unhurt A window opposite the door was open, and Joseph sprang upon its broad sill as if to get out; but balls struck him from behind and with a loud cry he pitched headlong to the ground. Balls from the outside met his falling body. It seemed to me - twenty rods distant, but in full sight - that he for a moment partly raised himself to a sitting posture against a well curb beside which he fell; but it is not true as was sometimes reported, that his assailants leaned his body up against the curb and /51/ made of it a target. A panic spread, and within two hours the town was deserted with the exception of the Hamilton Hotel, where the killed and wounded were taken and a few gathered for service and a harbor for safty in the expected storm - Men Women and children fled in wagons, on horseback and afoot while Delenda est Carthago seemed sounding in their ears." From J.H.S. in Ithaca N. Y. Journal, April 1886- - It is very true a panic soon spread through the town, many families began making immediately preparations for leaving for the country or towns east of the County Seat - My brothers and brotherinlaw soon came into the room where we were all gathered, frightened and dismayed, a rather help- less set of women and children. They said the Mormons will be down upon us so soon as they hear of this- We think the best plan will be for you all to leave town immediately. 'We must remain and do the best we can for defense of the town' Our home being so far away they thought, must be abandoned - We knew very well that this handful of young Soldiers would be unable to cope with the Squadrons from the Legion which evry one supposed would be in Carthage before morning- /yi/ So it was decided that my younger brothers should drive us to Agusta that night. Accordingly my mother and I went home to make preparations for our flight - - Placing a mattrass and pillows with some blankets in the bottom of the wagon for the benefit of the little ones - taking the slender stock of silver and other valuables - and a goodly supply of the cooked food which had been so lavishly prepared for the troops - we got into the wagon to which my young brothers had put the two best horses and left our home
• think- ing it quite likely to be in ashes before our return. We drove into town for my Sisters and the little ones; it was nearly dark when we bade good bye to my brothers which was a sad task indeed, for we had terrible fears of what might befall them - and we left the town in tears and the deepest dejection. As we passed the Hotel where the dead and wounded had been taken, we saw lights being carried from room to room, and groups of men around who were talking in low tones - and I thought with shuddering horror of what must be lying in one of those rooms. About eleven oclock we reached the house of Mr. Kendal 9 miles from Carthage who kept a sort of rural Hotel, and feeling worn out with excitement and fatigue - the little /*&/ children crying to be put to bed we de- cided to stop until morning. We were given a room with two beds, the boys furnished with a lounge or pallet somewhere - and only partly undressing we laid ourselves down to rest - the children and I were soon fast asleep, but soon after one oclock we were awakened by an alarming noise and commotion in the yard outside - bugle calls loud and startling to us sleepers, the shouting of men, the neighing and trampling of horses came upon us like a thunderbolt. We looked at one another with blanched faces and bated breath for a time, but my mother who was always fearless - after a few moments of uncertainty went out and inquired the cause of the disturbance. She was told that Governor Ford with his company of cavelry had arrived on their way to Quincy, and were only stopping to feed their horses. Oh dear! how relieved we felt to find they were only common evry day men and soldiers, instead of those Danite's we had feared might be on our track. We learned afterwards that the Governor on his way back from Nauvoo had met a messenger a few miles out of the city with the news of the murder - greatly incensed he had pushed on to Carthage taking the /^/ messenger (who by the way was my brother Tom) back with him - He only remained long enough to denounce the people of that place for thier folly? and rode on to Agusta with his dragoons leaving them to their fate. They remained at the Kendals only long enough to feed and water thier horses. The Governor storming scolding and impatient to be off - Learning of our little party from Carthage having stopped for the night - he ordered us all to get up at once and go on to Agusta - declaring his belief that the Mormon avengers would be there before daylight and that he would not allow us to remain there to be murdered. Get up and start on we must he said - and we did my mother thinking the Gov-» ernor must know best what ought to be done. So in the darkness of the early morning soon after three oclock - cold sleepy and thoroughly miserable we gathered up the bundles and babies
• the latter protesting in the usual manner of babies against being rudely disturbed and awakened from asleep, and getting into the wagon drove on to Agusta reaching the town soon after five oclock in very poor spirits. Inquiring our way to the house of an old friend of the family - (the Doctor who had piloted us from Rushville to Carthage upon our firs coming to the County,) we learned he had recently /55/ lost his wife - and was now living with a son, whose better half had never known us or any of our brethren; and I thought as we drove up to their door she looked coldly and with some distrust upon this wagon load of rather disreputable looking refugees, who were evi- dently expecting hospitality - The old Doctor however came gallantly to the rescue - "Why bless my soul Mrs. Brown[9] how be you," he said cheerfully - running away from the Mormons did you say, hey?" - he was rather deaf - "Why do tell - who did you say killed Joe Smith?" - - I began to be somewhat fearfull he would think we had done the deed and were running away from the Consequences - but after mother had labored for sometime in a loud voice to explain the situation - we were invited into the house and had breakfast - one of the dishes I remember being heaped with beautiful red currants. Our spirits rose wonderfully after this very nice breakfast and soon after we went out to see if a furnished room or two could be had for a time but did not succeed - as no one seemed to have any not in daily use - We wer therefor distributed among two or three families who were exceedingly /$6/ kind and hospitable for the few days we remained. My brother sending us word there was no present danger to be feared, we returned to our homes thankful to find them unharmed and the brothers alive and well to welcome us. - We learned afterwards, the people of Warsaw after being informed of the way and manner of the murder of the Smiths fled from thier homes also Capt. Malin of the Packet Line very kindly holding his steamer at the wharf until the women and children were aboard and trans- porting them safely to Alexandria on the Missouri side of the river - where they were hospitably received by the people, escorted to a large warehouse, the upper room of which was made comfortable to receive many of them - and where they remained several days and nights. disposed of I do not remember to have heard what became of the male citizens of the town. The men of Carthage deserted by the Governor and his troop - and following his example perhaps, prudently retreated to such a distance as to be invisable to a Mormon host should any such appear. In other words they just frankly ran away, and seemed to care little who knew it. /57/ Being merely mortal men and women, unable to see beyond thier own locality - the people of each of the three towns could know nothing of the others, until several days later. To be properly appreciated one should have had a birds eye view of the whole scene that night. Those old Greeks, with thier wonderful system of fabulous heathen deities, might have thought it a "sight for the gods." - One could imagine that had jolly old Jubitor and his friends been looking down from Mount Olympus that night to observe the behaviour of men, and caught sight of this particular locality thier laughter would have shaken the earth - for the situation was ludicrous indeed even to mortals - that is to say in retrospect - the actual experience was sufficiently tragical. Here were the people of two towns eighteen miles apart and the same distance from Nauvoo fleeing in opposite direc- tions from the supposed wrath of an avenging Legion - at the same time the latter disordered and dispersed fled before an imaginary host of sanguinary and implacable demons. - while in reality very few of them all had a thought for anything but their own safety, which was sought through difficulties, dangers, and discomforts to which one at least of those fugitives - can testify. /*fi/ A gentleman of Warsaw, whose wife was a relative of our family, had been acting as quartermaster for the troops assembled there - and on the morning of that 24th of June (which was destined to be the last day on earth for the Smiths) had accompanied them on thier way to Goldens Point in the discharge of his official duties. Before they reached the place of rendezvous it will be remembered, they were met by the disbanding officer with the Governors order to disperse and go immediately to thier homes - an order gladly obeyed by most of the men - whose ready response to the call to arms, had been made at the expense of home duties to farm crops, and harvest &.c. There were others however who with grim determination and relentless purpose - refused to go peacefully to thier homes - but secretly proposed and contrived the raid which ended in murder and sudden death - - Mr. C was driving a good team of horses and instead of turning immediately home as many did, decided to drive to a farm belonging to him, lying some miles off the direct road - He was detained there until near sundown . . .[10] On the way home, a few miles from town, he overtook a straggling com- pany of men, who seemed desirous /50,/ of escaping his notice. He recognized one or two by thier teams, and sang out to them to know what they were up to - but they shook their heads in silence. He could see by the twilight they were somewhat disguised thier coats turned wrong side out - thier faces blacked or covered with handkerchiefs through which holes had been made for the eyes &c. - - He drove on past them some distance but before he reached town, one of the number whome he had recognized had spurred on, overtaken him, and riding his horse close to his carriage informed him of the tradegy which had taken place - advising him at the same time to get his family and more valuable household goods out of the town at once. These men were of course a small remnant of the mob - the others having melted away in different directions. Some he learned afterwards, pushing on by other roads - had reached and crossed the river - thus disappearing forever from the knowledge of the authorities.[11] As he drove through the town he was met on all sides by the woeful tidings - the assurance that there would soon be a fight on hand - and that the women and children should immediately be taken away from town. /60/ After reaching home he went directly to his wife, who was expecting very soon the birth of her second child - told her what had occurred and insisted upon her making immedi- ate preperations for flight. She protested strongly, declaring her inability to leave her home - but when assured that all her friends and acquaintances were going away - finally consented - providing Charlotte her maid would accompany her. Now this maid was a devout Mormon girl - but a Latter day Saint, not in name only, but really and truly one - A serving maid it is true, but one of such excellent moral qualities as to merit the respect and esteem of all who knew her. Good tempered, kind hearted and of spotless virtue - ever ready to do her utmost for the credit or comfort of those she served - Soon after coming to Nauvoo with her family, (converts from Wilmington Deleware) [Pencil note: Pennsylvania] She had been prostrated with fever, and lay for many weeks with little hope of recovery. Some of the elders hearing of her case, proposed taking her to the Temple to be baptized in the great Font - Charlotte eagerly assented - but being too weak to be dressed she was taken on a cot and immersed /61/ bed, bedding and all in the cold water. Strange to say, from that time the fever was broken, she recovered her health, and was ever after a firm and faithful believer in all Joseph Smiths claims. When told that her beloved Prophet was dead - that he had been murdered by a mob of cruel men - She wept sore, refusing comfort. She would go to the door looking towards Nauvoo, moaning and wringing her hands. Her mistress felt and expressed the utmost sympathy - and tried to com- fort her - weeping too. Charlotte saw this, and fearing such excitement for her - dried her tears and chiding herself for giving way to her own feelings - set herself in turn to soothe and quiet her mistress. During the morning she had washed the little layette, and the tiny garments in snowy whiteness were still hanging upon the line; When she was told that they were expecting to flee across the river for fear the Mormons would come upon them with fire and sword - she said "Oh no, they would never hurt the innocent!" but when she saw them making preperation to leave - she went out into the yard, gathered the little garments into /62/ a basket and coming into the house said to her mistress - "If you are obliged to leave home I will go with you - and we must take this basket with us. Thus they were taken in a carriage to the wharf - went on board Capt Malm's steamer, and with the other women and children of the town crossed the river to Missouri. They had taken blankets and pillows with them and she made her mistress as comfortable as was possible in the upper room of the Ware- house. The next morning, Charlotte went out and borrowing ironing board and flatirons from some kindly sympathizer, set to work to finish the laundring of the little wardrobe, which was accomplished in the most satisfactory manner. Two years later, when it was decided that the Mormons must leave the state, Charlotte, still with undaunted faith, was married to one of the Elders, and started with him for the Great Salt Lake. - The poor girl however sickened on the plains - and after a few weeks of suffering died and was buried there. I do not know whether her lonely grave was made under the friendly shade of some cottonwood tree, or if perchance, it is where the schorching sun of summer may beat down /6$/ upon it - or the icy blasts of winter sweep over it without hindrance - but I hope and believe that though no mortal man could find that poor sepulchre the Lord will remember it, and "when He maketh up His jewels" Charlotte will be of the number.

Thomas Ford, A History of Illinois, http://www.salamandersociety.com/library/a_history_of_illinois-governor_thomas_ford.pdf

It was asserted that Joe Smith, the founder and head of the Mormon church, had caused himself to be crowned and anointed king of the Mormons; that he had embodied a band of his followers called Danites, who were sworn to obey him as God, and to do his commands, murder and treason not excepted; that he had instituted an order in the church whereby those who composed it were pretended to be sealed up to eternal life against all crimes save the shedding of innocent blood or consenting thereto. That this order was instructed that no blood was innocent blood, except that of the members of the church; and that these two orders were made the ministers of his vengeance and the instruments of an intolerable tyranny which he had established over his people, and which he was about to extend over the neighboring country. The people affected to believe that with this power in the hands of an unscrupulous leader there was no safety for the lives or property of any one who should oppose him. They affected likewise to believe that Smith inculcated the legality of perjury or any other crime in defence, or to advance, the interests of true believers; and that he himself had set them the example by swearing to a false accusation against a certain person for the crime of murder. It was likewise asserted to be a fundamental article of the Mormon faith that God had given the world and all it contained to them as his saints; that they secretly believed in their right to all the goodly lands, farms, and property in the country; that at present they were kept out of their rightful inheritance by force; that consequently there was no moral offence in anticipating God's good time to put them in possession by stealing, if opportunity offered; that in fact the whole church was a community of murderers, thieves, robbers, and outlaws; that Joseph Smith had established a bogus factory in Nauvoo for the manufacture of counterfeit money; and that he maintained about his person a tribe of swindlers, blacklegs, and counterfeiters to make it and put it into circulation. It was also believed that he had announced a revelation from heaven sanctioning polygamy, by a kind of spiritual wife system whereby a man was allowed one wife in pursuance of the laws of the country and an indefinite number of others to be enjoyed in some mystical and spiritual mode; and that he himself and many of his followers had practiced upon the precepts of this revelation by seducing a large number of women. It was also asserted that he was in alliance with the Indians of the western territories, and had obtained over them such a control that in case of a war he could command their assistance to murder his enemies. Upon the whole, if one-half of these reports had been true the Mormon community must have been the most intolerable collection of rogues ever assembled; or, if one-half of them were false, they were the most maligned and abused. Fortunately for the purposes of those who were active in creating excitement there were many known truths which gave countenance to some of these accusations. It was sufficiently proved in a proceeding at Carthage whilst I was there that Joe Smith had sent a band of his followers to Missouri to kidnap two men who were witnesses against a member of his church then in jail and about to be tried on a charge of larceny. It was also a notorious fact that he had assaulted and severely beaten an officer of the county for an alleged non-performance of his duty, at a time when that officer was just recovering from severe illness. It is a fact also that he stood indicted for the crime of perjury, as was alleged, in swearing to an accusation for murder in order to drive a man out of Nauvoo who had been engaged in buying and selling lots and land, and thus interfering with the monopoly of the prophet as a speculator. It is a fact also that his municipal court, of which he was chief justice, by writ of habeas corpus had frequently discharged individuals accused of high crimes and offences against the laws of the State; and on one occasion had discharged a person accused of swindling the government of the United States, and who had been arrested by process of the federal courts; thereby giving countenance to the report that he obstructed the administration of justice, and had set up a government at Nauvoo independent of the laws and government of the State. This idea was further corroborated in the minds of the people by the fact that the people of Nauvoo had petitioned Congress for a territorial government to be established there, and to be independent of the State government. It was a fact also that some larcenies and robberies had been committed and that Mormons had been convicted of the crimes, and that other larcenies had been committed by persons unknown, but suspected to be Mormons. Justice, however, requires me here to say that upon such investigation as I then could make the charge of promiscuous stealing appeared to be exaggerated. Another cause of excitement was a report industriously circulated and generally believed that Hyrum Smith, another leader of the Mormon church, had offered a reward for the destruction of the press of the Warsaw Signal, a newspaper published in the county, and the organ of the opposition to the Mormons. It was also asserted that the Mormons scattered through the settlements of the county had threatened all persons who turned out to assist the constables with the destruction of their property and the murder of their families, in the absence of their fathers, brothers, and husbands. A Mormon woman in McDonough county was imprisoned for threatening to poison the wells of the people who turned out in the posse; and a Mormon in Warsaw publicly avowed that he was bound by his religion to obey all orders of the prophet, even to commit murder if so commanded. But the great cause of popular fury was that the Mormons at several preceding elections had cast their vote as a unit; thereby making the fact apparent that no one could aspire to the honors or offices of the country within the sphere of their influence without their approbation and votes. It appears to be one of the principles by which they insist upon being governed as a community to act as a unit in all matters of government and religion. They express themselves to be fearful that if division should be encouraged in politics it would soon extend to their religion and rend their church with schism and into sects. This seems to me to be an unfortunate view of the subject, and more unfortunate in practice, as I am well satisfied that it must be the fruitful source of excitement, violence, and mobocracy whilst it is persisted in. It is indeed unfortunate for their peace that they do not divide in elections according to their individual preferences or political principles, like other people. This one principle and practice of theirs arrayed against them in deadly hostility all aspirants for office who were not sure of their support, all who had been unsuccessful in elections, and all who were too proud to court their influence, with all their friends and connections. These also were the active men in blowing up the fury of the people in hopes that a popular movement might be set on foot which would result in the expulsion or extermination of the Mormon voters. For this purpose public meetings had been called; inflammatory speeches had been made; exaggerated reports had been extensively circulated; committees had been appointed who rode night and day to spread the reports and solicit the aid of neighboring counties. And at a public meeting at Warsaw resolutions were passed to expel or exterminate the Mormon population. This was not, however, a movement which was unanimously concurred in. The county contained a goodly number of inhabitants in favor of peace, or who at least desired to be neutral in such a contest. These were stigmatized by the name of Jack Mormons and there were not a few of the more furious exciters of the people who openly expressed their intention to involve them in the common expulsion or extermination. A system of excitement and agitation was artfully planned and executed with tact. It consisted in spreading reports and rumors of the most fearful character. As examples: On the morning before my arrival at Carthage I was awakened at an early hour by the frightful report, which was asserted with confidence and apparent consternation, that the Mormons had already commenced the work of burning arms was instantly wanted at Carthage for the protection of the country. We lost no time in starting; but when we arrived at Carthage we could hear no more concerning this story. Again: during the few days that the militia were encamped at Carthage frequent applications were made to me to send a force here and a force there and a force all about the country to prevent murders, robberies, and larcenies which, it was said, were threatened by the Mormons. No such forces were sent; nor were any such offences committed at that time except the stealing of some provisions, and there was never the least proof that this was done by a Mormon. Again: on my late visit to Hancock county I was informed by some of their violent enemies that the larcenies of the Mormons had become unusually numerous and insufferable. They indeed admitted that but little had been done in this way in their immediate vicinity. But they insisted that sixteen horses had been stolen by the Mormons in one night near Lima, in the county of Adams. At the close of the expedition I called at this same town of Lima and upon inquiry was told that no horses had been stolen in that neighborhood, but that sixteen horses had been stolen in one night in Hancock county. This last informant being told of the Hancock story, again changed the venue to another distant settlement in the northern edge of Adams. As my object in visiting Hancock was expressly to assist in the execution of the laws, and not to violate them or to witness or permit their violation, as I was convinced that the Mormon leaders had committed a crime in the destruction of the press and had resisted the execution of process, I determined to exert the whole force of the State. if necessary, to bring them to justice. But seeing the great excitement in the public mind and the manifest tendency of this excitement to run into mobocracy, I was of opinion that before I acted I ought to obtain a pledge from the officers and men to support me in strictly legal measures, and to protect the prisoners in case they surrendered. For I was determined, if possible, that the forms of law should not be made the catspaw of a mob to seduce these people to a quiet surrender, as the convenient victims of popular fury. I therefore called together the whole force then assembled at Carthage and made an address, explaining to them what I could, and what I could not, legally do; and also adducing to them various reasons why they as well as the Mormons should submit to the laws; and why, if they had resolved upon revolutionary proceedings, their purpose should be abandoned. The assembled troops seemed much pleased with the address; and upon its conclusion the officers and men unanimously voted, with acclamation, to sustain me in a strictly legal course, and that the prisoners should be protected from violence. Upon the arrival of additional forces from Warsaw, McDonough, and Schuyler similar addresses were made, with the same result. It seemed to me that these votes fully authorized me to promise the accused Mormons the protection of the law in case they surrendered. They were accordingly duly informed that if they surrendered they would be protected, and if they did not the whole force of the State would be called out, if necessary, to compel their submission. A force of ten men was despatched with the constable to make the arrests and to guard the prisoners to headquarters. In the meantime Joe Smith, as Lieut.-General of the Nauvoo Legion, had declared martial law in the city; the Legion was assembled and ordered under arms; the members of it residing in the country were ordered into town. The Mormon settlements obeyed the summons of their leader and marched to his assistance. Nauvoo was one great military camp, strictly guarded and watched; and no ingress or egress was allowed except upon the strictest examination. In one instance which came to my knowledge a citizen of McDonough, who happened to be in the city was denied the privilege of returning until he made oath that he did not belong to the party at Carthage, that he would return home without calling at Carthage, and that he would give no information of the movements of the Mormons. However, upon the arrival of the constable and guard the mayor and common council at once signified their willingness to surrender and stated their readiness to proceed to Carthage next morning at eight o'clock. Martial law had previously been abolished. The hour of eight o'clock came and the accused failed to make their appearance. The constable and his escort returned. The constable made no effort to arrest any of them, nor would he or the guard delay their departure one minute beyond the time, to see whether an arrest could be made. Upon their return they reported that they had been informed that the accused had fled and could not be found.

I immediately proposed to a council of officers to march into Nauvoo with the small force then under my command, but the officers were of opinion that it was too small and many of them insisted upon a further call of the militia. Upon reflection, I was of opinion that the officers were right in the estimate of our force, and the project for immediate action was abandoned. I was soon informed, however, of the conduct of the constable and guard, and then I was perfectly satisfied that a most base fraud had been attempted; that, in fact, it was feared that the Mormons would submit and thereby entitle themselves to the protection of the law. It was very apparent that many of the bustling, active spirits were afraid that there would be no occasion for calling out an overwhelming militia force for marching it into Nauvoo, for probable mutiny when there, and for the extermination of the Mormon race. It appeared that the constable and the escort were fully in the secret, and acted well their part to promote the conspiracy. Seeing this to be the state of the case, I delayed any further call of the militia to give the accused another opportunity to surrender; for indeed I was most anxious to avoid a general call for the militia at that critical season of the year. The whole spring season preceding had been unusually wet. No ploughing of corn had been done, and but very little planting. The season had just changed to be suitable for ploughing. The crops which had been planted were universally suffering; and the loss of two weeks, or even of one, at that time was likely to produce a general famine all over the country. The wheat harvest was also approaching; and if we got into a war there was no foreseeing when it would end, or when the militia could safely be discharged. In addition to these considerations, all the grist mills in all that section of the country had been swept away or disabled by the high waters, leaving the inhabitants almost without meal or flour and making it impossible then to procure provisions, by impressment or otherwise, for the sustenance of any considerable force. This was the time of the high waters; of astonishing floods in all the rivers and creeks in the western country. The Mississippi river at St. Louis was several feet higher than it was ever known before; it was up into the second stories of the warehouses on Water street; the steamboats ran up to these warehouses, and could scarcely receive their passengers from the second stories; the whole American Bottom was overflowed from eight to twenty feet deep, and steamboats freely crossed the Bottom along the road from St. Louis to the opposite bluffs in Illinois; houses and fences and stock of all kinds were swept away, the fields near the river, after the water subsided, being covered with sand from a foot to three feet deep; which was generally thrown into ridges and washed into gullies, so as to spoil the land for cultivation. Families had great difficulty in making their escape. Through the active exertions of Mr. Pratt. the mayor of St. Louis, steamboats were sent in every direction to their relief. The boats found many of the families on the tops of their houses just ready to be floated away. The inhabitants of the Bottom lost nearly all their personal property. A large number of them were taken to St. Louis in a state of entire destitution, and their necessities were supplied by the contributions of the charitable of that city. A larger number were forced out on to the Illinois bluffs, where they encamped and were supplied with provisions by the neighboring inhabitants. This freshet nearly ruined the ancient village of Kaskaskia. The inhabitants were driven away and scattered, many of them never to return. For many years before this flood there had been a flourishing institution at Kaskaskia, under the direction of an order of nuns of the Catholic Church. They had erected an extensive building, which was surrounded and filled by the waters to the second story. But they were all safely taken away, pupils and all, by a steamboat which was sent to their relief and which ran directly up to the building and received its inmates from the second story. This school was now transferred to St. Louis, where it yet remains. All the rivers and streams in Illinois were as high, and did as much damage in proportion to their length and the extent of their bottoms, as the Mississippi. This great flood destroyed the last hope of getting provisions at home; and I was totally without funds belonging to the State with which to purchase at more distant markets, and there was a certainty that such purchases could not have been made on credit abroad. For these reasons I was desirous of avoiding a war if it could be avoided. In the meantime I made a requisition upon the officers of the Nauvoo legion for the State arms in their possession. It appears that there was no evidence in the quartermaster-general's office of the number and description of arms with which the legion had been furnished. Dr. Bennett, after he had been appointed quartermaster general, had joined the Mormons and had disposed of the public arms as he pleased without keeping or giving any account of them. On this subject I applied to Gen. Wilson Law for information. He had lately been the major-general of the legion. He had seceded from the Mormon party; was one of the owners of the proscribed press; had left the city, as he said, in fear of his life; and was one of the party asking for justice against its constituted authorities. He was interested to exaggerate the number of arms rather than to place it at too low an estimate. From his information I learned that the legion had received three pieces of cannon and about two hundred and fifty stand of small arms and their accoutrements. Of these, the three pieces of cannon and two hundred and twenty stand of small arms were surrendered. These arms were demanded because the legion was illegally used in the destruction of the press and in enforcing martial law in the city in open resistance to legal process and the posse comitatus. I demanded the surrender also on account of the great prejudice and excitement which the possession of these arms by the Mormons had always kindled in the minds of the people. A large portion of the people, by pure misrepresentation, had been made to believe that the legion had received of the State as many as thirty pieces of artillery and five or six thousand stand of small arms, which in all probability would soon be wielded for the conquest of the country; and for their subjection to Mormon domination. I was of opinion that the removal of these arms would tend much to allay this excitement and prejudice; and in point of fact, although wearing a severe aspect, would be an act of real kindness to the Mormons themselves. On the 23d or 24th day of June Joe Smith, the mayor of Nauvoo, together with his brother Hyrum and all the members of the council and all others demanded, came into Carthage and surrendered themselves prisoners to the constable, on the charge of riot. They all voluntarily entered into a recognizance before the justice of the peace for their appearance at court to answer the charge. And all of them were discharged from custody except Joe and Hyrum Smith, against whom the magistrate had issued a new writ on a complaint of treason. They were immediately arrested by the constable on this charge and retained in his custody to answer it.

The overt act of treason charged against them consisted in the alleged levying of war against the State by declaring martial law in Nauvoo, and in ordering out the legion to resist the posse comitatus. Their actual guiltiness of the charge would depend upon circumstances. If their opponents had been seeking to put the law in force in good faith, and nothing more, then an array of a military force in open resistance to the posse comitatus and the militia of the State most probably would have amounted to treason. But if those opponents merely intended to use the process of the law, the militia of the State, and the posse comitatus as cats-paws to compass the possession of their persons for the purpose of murdering them afterwards, as the sequel demonstrated the fact to be, it might well be doubted whether they were guilty of treason. Soon after the surrender of the Smiths, at their request I despatched Captain Singleton with his company from Brown county to Nauvoo to guard the town; and I authorized him to take command of the legion. He reported to me afterwards that he called out the legion for inspection; and that upon two hours' notice two thousand of them assembled, all of them armed; and this after the public arms had been taken away from them. So it appears that they had a sufficiency of private arms for any reasonable purpose. After the Smiths had been arrested on the new charge of treason the justice of the peace postponed the examination because neither of the parties was prepared with his witnesses for trial. In the meantime he committed them to the jail of the county for greater security. In all this matter the justice of the peace and constable, though humble in office, were acting in a high and independent capacity, far beyond any legal power in me to control. I considered that the executive power could only be called in to assist, and not to dictate or control their action; that in the humble sphere of their duties they were as independent, and clothed with as high authority by the law, as the executive department; and that my province was simply to aid them with the force of the State. It is true that so far as I could prevail on them by advice I endeavored to do so. The prisoners were not in military custody, or prisoners of war; and I could no more legally control these officers than I could the superior courts of justice. Some persons have supposed that I ought to have had them sent to some distant and friendly part of the State for confinement and trial; and that I ought to have searched them for concealed arms; but these surmises and suppositions are readily disposed of by the fact that they were not my prisoners; but were the prisoners of the constable and jailer, under the direction of the justice of the peace. And also by the fact that by law they could be tried in no other county than Hancock. The jail in which they were confined is a considerable stone building; containing a residence for the jailer, cells for the close and secure confinement of prisoners, and one larger room not so strong, but more airy and comfortable than the cells. They were put into the cells by the jailer; but upon their remonstrance and request. and by my advice, they were transferred to the larger room; and there they remained until the final catastrophe. Neither they nor I seriously apprehended an attack on the jail through the guard stationed to protect it. Nor did I apprehend the least danger on their part of an attempt to escape. For I was very sure that any such an attempt would have been the signal of their immediate death. Indeed, if they had escaped it would have been fortunate for the purposes of those who were anxious for the expulsion of the Mormon population. For the great body of that people would most assuredly have followed their prophet and principal leaders, as they did in their flight from Missouri* *I learned afterwards that the leaders of the anti-Mormons did much to stimulate their followers to the murder of the Smiths in jail, by alleging that the governor intended to favor their escape. If this had been true, and could have been well carried out, It would have been the best way of getting rid of the Mormons. These leaders of the Mormons would never have dared to return, and they would have been followed In their flight by all their church. I had such a plan in my mind, but I had never breathed it to a living soul, and was thus thwarted in ridding the State of the Mormons two years before they actually left by the insane frenzy of the anti-Mormons. Joe Smith, when he escaped from Missouri, had no difficulty in again collecting his sect about him at Nauvoo; and so the twelve apostles, after they had been at the head of affairs long enough to establish their authority and influence as leaders, had no difficulty in getting nearly the whole body of Mormons to follow them into the wilderness two years after the death of their pretended prophet. The force assembled at Carthage amounted to about twelve or thirteen hundred men, and it was calculated that four or five hundred more were assembled at Warsaw. Nearly all that portion resident in Hancock were anxious to be marched into Nauvoo. This measure was supposed to be necessary to search for counterfeit money and the apparatus to make it, and also to strike a salutary terror into the Mormon people by an exhibition of the force of the State, and thereby prevent future outrages, murders, robberies, burnings, and the like, apprehended as the effect of Mormon vengeance on those who had taken a part against them. On my part, at one time this arrangement was agreed to. The morning of the 27th day of June was appointed for the march; and Golden's Point near the Mississippi river and about equidistant from Nauvoo and Warsaw, was selected as the place of rendezvous. I had determined to prevail on the justice to bring out his prisoners and take them along. A council of officers, however, determined that this would be highly inexpedient and dangerous, and offered such substantial reasons for their opinions as induced me to change my resolution. Two or three days' preparations had been made for this expedition. I observed that some of the people became more and more excited and inflammatory the further the preparations were advanced. Occasional threats came to my ears of destroying the city and murdering or expelling the inhabitants. I had no objection to ease the terrors of the people by such a display of force, and was most anxious also to search for the alleged apparatus for making counterfeit money; and, in fact, to inquire into all the charges against that people, if I could have been assured of my command against mutiny and insubordination. But I gradually learned to my entire satisfaction that there was a plan to get the troops into Nauvoo and there to begin the war, probably by some of our own party or some of the seceding Mormons taking advantage of the night to fire on our own force, and then laying it on the Mormons. I was satisfied that there were those amongst us fully capable of such an act, hoping that in the alarm, bustle, and confusion of a militia camp the truth could not be discovered, and that it might lead to the desired collision. I had many objections to be made the dupe of any such or similar artifice. I was openly and boldly opposed to any attack on the city unless it should become necessary to arrest prisoners legally charged and demanded. Indeed, if any one will reflect upon the number of women, inoffensive and young persons, and innocent children which must be contained in such a city of twelve or fifteen thousand inhabitants it would seem to me his heart would relent and rebel against such violent resolutions. Nothing but the most blinded and obdurate fury could incite a person, even if he had the power, to the willingness of driving such persons bare and houseless on to the prairies to starve, suffer, and even steal, as they must have done, for subsistence. No one who has children of his own would think of it for a moment. Besides this, if we had been ever so much disposed to commit such an act of wickedness, we evidently had not the power to do it. I was well assured that the Mormons at a short notice could muster as many as two or three thousand well-armed men. We had not more than seventeen hundred, with three pieces of cannon and about twelve hundred stand of small arms. We had provisions for two days only, and would be compelled to disband at the end of that time. To think of beginning a war under such circumstances was a plain absurdity. If the Mormons had succeeded in repulsing our attack, as most likely would have been the case, the country must necessarily be given up to their ravages until a new force could be assembled and provision made for its subsistence. Or if we should have succeeded in driving them from their city, they would have scattered; and being justly incensed at our barbarity, and suffering with privation and hunger, would have spread desolation all over the country without any possibility on our part, with the force we then had, of preventing it. Again: they would have had the advantage of being able to subsist their force in the field by plundering their enemies. All these considerations were duly urged by me upon the attention of a council of officers convened on the morning of the 27th of June. I also urged upon the council that such wanton and unprovoked barbarity on their part would turn the sympathy of the people in the surrounding counties in favor of the Mormons, and therefore it would be impossible to raise a volunteer militia force to protect such a people against them. Many of the officers admitted that there might be danger of collision. But such was the blind fury prevailing at the time, though not showing itself by much visible excitement, that a small majority of the council adhered to the first resolution of marching into Nauvoo; most of the officers of the Schuyler and McDonough militia voting against it, and most of those of the county of Hancock voting in its favor. A very responsible duty now devolved upon me to determine whether I would, as commander-in-chief, be governed by the advice of this majority. I had no hesitation in deciding that I would not; but on the contrary I ordered the troops to be disbanded, both at Carthage and Warsaw, with the exception of three companies, two of which were retained as a guard to the jail and the other was retained to accompany me to Nauvoo. The officers insisted much in council upon the necessity of marching to that place to search for apparatus to make counterfeit money, and more particularly to terrify the Mormons from attempting any open or secret measures of vengeance against the citizens of the county who had taken a part against them or their leaders. To ease their tenors on this head I proposed to them that I would myself proceed to the city, accompanied by a small force, make the proposed search and deliver an address to the Mormons, and tell them plainly what degree of excitement and hatred prevailed against them in the minds of the whole people, and that if any open or secret violence should be committed on the persons or property of those who had taken part against them that no one would doubt but that it had been perpetrated by them, and that it would be the sure and certain means of the destruction of their city and the extermination of their people. I ordered two companies under the command of Capt. R. F. Smith of the Carthage Grays to guard the jail. In selecting these companies and particularly the company of the Carthage Grays for this service I have been subjected to some censure. It has been said that this company had already been guilty of mutiny and had been ordered to be arrested whilst in the encampment at Carthage; and that they and their officers were the deadly enemies of the prisoners. Indeed, it would have been difficult to find friends of the prisoners under my command unless I had called in the Mormons as a guard; and this I was satisfied would have led to the immediate war, and the sure death of the prisoners. It is true that this company had behaved badly towards the brigadier-general in command on the occasion when the prisoners were shown along the line of the McDonough militia. This company had been ordered as a guard. They were under the belief that the prisoners, who were arrested for a capital offence, were shown to the troops in a kind of triumph; and that they had been called on as a triumphal escort to grace the procession. They also entertained a very bad feeling towards the brigadier general who commanded their service on the occasion. The truth is, however, that this company was never ordered to be arrested; that the Smiths were not shown to the McDonough troops as a mark of honor and triumph, but were shown to them at the urgent request of the troops themselves to gratify their curiosity in beholding persons who had made themselves so notorious in the country. When the Carthage Grays ascertained what was the true motive in showing the prisoners to the troops they were perfectly satisfied. All due atonement was made on their part for their conduct to the brigadier-general and they cheerfully returned to their duty. Although I knew that this company were the enemies of the Smiths, yet I had confidence in their loyalty and integrity; because their captain was universally spoken of as a most respectable citizen and honorable man. The company itself was an old independent company, well armed, uniformed, and drilled; and the members of it were the elite of the militia of the county. I relied upon this company especially because it was an independent company, for a long time instructed and practiced in military discipline and subordination. I also had their word and honor, officers and men, to do their duty according to law. Besides all this the officers and most of the men resided in Carthage; in the near vicinity of Nauvoo; and, as I thought, must know that they would make themselves and their property convenient and conspicuous marks of Mormon vengeance in case they were guilty of treachery. I had at first intended to select a guard from the county of McDonough, but the militia of that county were very much dissatisfied to remain; their crops were suffering at home; they were in a perfect fever to be discharged; and I was destitute of provisions to supply them for more than a few days. They were far from home, where they could not supply themselves. Whilst the Carthage company could board at their own houses, and would be put to little inconvenience in comparison. What gave me greater confidence in the selection of this company as a prudent measure was that the selection was first suggested and urged by the brigadier-general in command, who was well known to be utterly hostile to all mobocracy and violence towards the prisoners and who was openly charged by the violent party with being on the side of the Mormons. At any rate I knew that the jail would have to be guarded as long as the prisoners were confined; that an imprisonment for treason might last the whole summer and the greater part of the autumn before a trial could be had in the circuit court; that it would be utterly impossible in the circumstances of the country to keep a force there from a foreign county for so long a time; and that a time must surely come when the duty of guarding the jail would necessarily devolve on the citizens of the county. It is true also that at this time I had not believed or suspected that any attack was to be made upon the prisoners in jail. It is true that I was aware that a great deal of hatred existed against them, and that there were those who would do them an injury if they could. I had heard of some threats being made, but none of an attack upon the prisoners whilst in jail. These threats seemed to be made by individuals not acting in concert. They were no more than the bluster which might have been expected, and furnished no indication of numbers combining for this or any other purpose. I must here be permitted to say also that frequent appeals had been made to me to make a clean and thorough work of the matter by exterminating the Mormons or expelling them from the State. All opinion seemed generally to prevail that the sanction of executive authority would legalize the act and all persons of any influence, authority or note who conversed with me on the subject frequently and repeatedly stated their total unwillingness to act without my direction, or in any mode except according to law. This was a circumstance well calculated to conceal from me the secret machinations on foot. I had constantly contended against violent measures and so had the brigadier-general in command; and I am convinced that unusual pains were taken to conceal from both of us the secret measures resolved upon. It has been said, however, that some person named Williams in a public speech at Carthage called for volunteers to murder the Smiths; and that I ought to have had him arrested. Whether such a speech was really made or not is yet unknown to me. Having ordered the guard and left General Deming in command in Carthage and discharged the residue of the militia, I immediately departed for Nauvoo, eighteen miles distant, accompanied by Col. Buckmaster, Quartermaster-General, and Capt. Dunn's company of dragoons. After we had proceeded four miles Colonel Buckmaster intimated to me a suspicion that an attack would be made upon the jail. He stated the matter as a mere suspicion, arising from having seen two persons converse together at Carthage with some air of mystery. I myself entertained no suspicion of such an attack; at any rate, none before the next day in the afternoon; because it was notorious that we had departed from Carthage with the declared intention of being absent at least two days. I could not believe that any person would attack the jail whilst we were in Nauvoo and thereby expose my life and the lives of my companions to the sudden vengeance of the Mormons upon hearing of the death of their leaders. Nevertheless, acting upon the principle of providing against mere possibilities, I sent back one of the company with a special order to Capt. Smith to guard the jail strictly and at the peril of his life until my return. We proceeded on our journey four miles farther. By this time I had convinced myself that no attack would be made on the jail that day or night. I supposed that a regard for my safety and the safety of my companions would prevent an attack until those to be engaged in it could be assured of our departure from Nauvoo. I still think that this ought to have appeared to me to be a reasonable supposition. I therefore determined at this point to omit making the search for counterfeit money at Nauvoo and defer an examination of all the other abominations charged on that people in order to return to Carthage that same night, that I might be on the ground in person In time to prevent an attack upon the jail, if any had been meditated. To this end we called a halt; the baggage wagons were ordered to remain where they were until towards evening, and then return to Carthage. Having made these arrangements we proceeded on our march and arrived at Nauvoo about four o'clock of the afternoon of the 27th day of June. As soon as notice could be given a crowd of the citizens assembled to hear an address which I proposed to deliver to them. The number present has been variously estimated from one to five thousand. In this address I stated to them how, and in what, their functionaries had violated the laws. Also, the many scandalous reports in circulation against them, and that these reports, whether true or false, were generally believed by the people. I distinctly stated to them the amount of hatred and prejudice which prevailed everywhere against them, and the causes of it, at length. I also told them plainly and emphatically that if any vengeance should be attempted openly or secretly against the persons or property of the citizens who had taken part against their leaders that the public hatred and excitement was such that thousands would assemble for the total destruction of their city and the extermination of their people; and that no power in the State would be able to prevent it. During this address some impatience and resentment were manifested by the Mormons at the recital of the various reports enumerated concerning them; which they strenuously and indignantly denied to be true. They claimed to be a law-abiding people and insisted that as they looked to the law alone for their protection, so were they careful themselves to observe its provisions. Upon the conclusion of this address I proposed to take a vote on the question whether they would strictly observe the laws, even in opposition to their prophet and leaders. The vote was unanimous in favor of this proposition. The anti-Mormons contended that such a vote from the Mormons signified nothing; and truly the subsequent history of that people showed clearly that they were loudest in their professions of attachment to the law whenever they were guilty of the greatest extravagances; and in fact that they were so ignorant and stupid about matters of law that they had no means of judging of the legality of their conduct, only as they were instructed by their spiritual leaders.

A short time before sundown we departed on our return to Carthage. When we had proceeded two miles we met two individuals, one of them a Mormon, who informed us that the Smiths had been assassinated in jail, about five or six o'clock of that day. The intelligence seemed to strike every one with a kind of dumbness. As to myself, it was perfectly astounding; and I anticipated the very worst consequences from it. The Mormons had been represented to me as a lawless, infatuated, and fanatical people, not governed by the ordinary motives which influence the rest of mankind. If so, most likely an exterminating war would ensue and the whole land would be covered with desolation. Acting upon this supposition, it was my duty to provide as well as I could for the event. I therefore ordered the two messengers into custody and to be returned with us to Carthage. This was done to get time to make such arrangements as could be made, and to prevent any sudden explosion of Mormon excitement before they could be written to by their friends at Carthage. I also despatched messengers to Warsaw to advise the citizens of the event. But the people there knew all about the matter before my messengers arrived. They, like myself, anticipated a general attack all over the country. The women and children were removed across the river; and a committee was despatched that night to Quincy for assistance. The next morning by daylight the ringing of the bells in the city of Quincy announced a public meeting. The people assembled in great numbers at an early hour. The Warsaw committee stated to the meeting that a party of Mormons had attempted to rescue the Smiths out of jail; that a party of Missourians and others had killed the prisoners to prevent their escape; that the governor and his party were at Nauvoo at the time when intelligence of the fact was brought there; that they had been attacked by the Nauvoo legion and had retreated to a house, where they were then closely besieged. That the governor had sent out word that he could maintain his position for two days, and would be certain to be massacred if assistance did not arrive by the end of that time. It is unnecessary to say that this entire story was a fabrication. It was of a piece with the other reports put into circulation by the anti-Mormon party to influence the public mind and call the people to their assistance. The effect of it, however, was that by ten o'clock on the 28th of June between two and three hundred men from Quincy under the command of Major Flood embarked on board a steamboat for Nauvoo to assist in raising the siege, as they honestly believed. As for myself, I was well convinced that those, whoever they were, who assassinated the Smiths, meditated in turn my assassination by the Mormons. The very circumstances of the case fully corroborated the information which I afterwards received that upon consultation of the assassins it was agreed amongst them that the murder must be committed whilst the governor was at Nauvoo; that the Mormons would naturally suppose that he had planned it; and that in the first outpouring of their indignation they would assassinate him by way of retaliation. And that thus they would get clear of the Smiths and the governor all at once. They also supposed that if they could so contrive the matter as to have the governor of the State assassinated by the Mormons the public excitement would be greatly increased against that people and would result in their expulsion from the State at least. Upon hearing of the assassination of the Smiths I was sensible that my command was at an end; that my destruction was meditated as well as that of the Mormons; and that I could not reasonably confide longer in the one party or in the other.

The question then arose what would be proper to be done. A war was expected by everybody. I was desirous of preserving the peace. I could not put myself at the head of the Mormon force with any kind of propriety, and without exciting greater odium against them than already existed. I could not put myself at the head of the anti-Mormon party because they had justly forfeited my confidence and my command over them was put an end to by mutiny and treachery. I could not put myself at the head of either of these forces because both of them in turn had violated the law; and, as I then believed, meditated further aggression. It appeared to me that if a war ensued I ought to have a force in which I could confide, and that I ought to establish my headquarters at a place where I could learn the truth as to what was going on. For these reasons I determined to proceed to Quincy, a place favorably situated for receiving the earliest intelligence, for issuing orders to raise an army if necessary, and for providing supplies for its subsistence. But first I determined to return back to Carthage and make such arrangements as could be made for the pacification and defence of the country. When I arrived there about ten o'clock at night I found that great consternation prevailed. Many of the citizens had departed with their families and others were preparing to go. As the country was utterly defenceless this seemed to me to be a proper precaution. One company of the guard stationed by me to guard the jail had disbanded and gone home before the jail was attacked; and many of the Carthage Grays departed soon afterwards. Gen. Deming, who was absent in the country during the murder, had returned; he volunteered to remain in command of a few men, with orders to guard the town, observe the progress of events, and to retreat if menaced by a superior force. Here also I found Dr. Richards and John Taylor, two of the principal Mormon leaders, who had been in the jail at the time of the attack and who voluntarily addressed a most pacific exhortation to their fellow-citizens, which was the first intelligence of the murder which was received at Nauvoo. I think it very probable that the subsequent good conduct of the Mormons is attributable to the arrest of the messengers and to the influence of this letter. Having made these arrangements, I departed for Quincy. On my road thither I heard of a body of militia marching from Schuyler and another from Brown. It appears that orders had been sent out in my name, but without my knowledge, for the militia of Schuyler county. I immediately countermanded their march and they returned to their homes. When I arrived at Columbus I found that Capt. Jonas had raised a company of one hundred men, who were just ready to march. By my advice they postponed their march to await further orders. I arrived at Quincy on the morning of the 29th of June about eight o'clock, and immediately issued orders, provisionally, for raising an imposing force when it should seem to be necessary. I remained at Quincy for about one month, during which time a committee from Warsaw waited on me with a written request that I would expel the Mormons from the State. It seemed that it never occurred to these gentlemen that I had no power to exile a citizen; but they insisted that if this were not done their party would abandon the State. This requisition was refused of course. During this time also, with the view of saving expense, keeping the peace, and having a force which would be removed from the prejudices in the country, I made application to the United States for five hundred men of the regular army to be stationed for a time in Hancock county, which was subsequently refused. During this time also I had secret agents amongst all parties, observing their movements; and was accurately informed of everything which was meditated on both sides. It appeared that the anti- Mormon party had not relinquished their hostility to the Mormons, nor their determination to expel them, but had deferred further operations until the fall season, after they had finished their summer's work on their farms. When I first went to Carthage. and during all this difficult business, no public officer ever acted from purer or more patriotic intentions than I did. I was perfectly conscious of the utmost integrity in all my actions and felt lifted up far above all mere party considerations. But I had scarcely arrived at the scene of action before the whig press commenced the most violent abuse and attributed to me the basest motives. It was alleged in the Sangarnon Journal and repeated in the other whig newspapers that the governor had merely gone over to cement an alliance with the Mormons; that the leaders would not be brought to punishment, but that a full privilege would be accorded to them to commit crimes of every hue and grade in return for their support of the democratic party. I mention this not by way of complaint, for it is only the privilege of the minority to complain, but for its influence upon the people. I observed that I was narrowly watched in all my proceedings by my whig fellow citizens, and was suspected of an intention to favor the Mormons. I felt that I did not possess the confidence of the men I commanded, and that they had been induced to withhold it by the promulgation of the most abominable falsehoods. I felt the necessity of possessing their confidence in order to give vigor to my action; and exerted myself in every way to obtain it, so that I could control the excited multitude who were under my command. I succeeded better for a time than could have been expected; but who can control the action of a mob without possessing their entire confidence? It is true also that some unprincipled democrats all the time appeared to be very busy on the side of the Mormons. and this circumstance was well calculated to increase suspicion of every one who had the name of democrat.

It was many days after the assassination of the Smiths before the circumstances of the murder fully became known. It then appeared that, agreeably to previous orders, the posse at Warsaw had marched on the morning of the 27th of June in the direction of Golden's Point, with a view to join the force from Carthage, the whole body then to be marched into Nauvoo. But by the time they had gone eight miles, they were met by the order to disband; and learning at the same time that the governor was absent at Nauvoo, about two hundred of these men, many of them being disguised by blacking their faces with powder and mud, hastened immediately to Carthage. There they encamped, at some distance from the village, and soon learned that one of the companies left as a guard had disbanded and returned to their homes; the other company, the Carthage Greys, was stationed by the captain in the public square, a hundred and fifty yards from the jail. Whilst eight men were detailed by him, under the command of Sergeant Franklin A. Worrell, to guard the prisoners. A communication was soon established between the conspirators and the company; and it was arranged that the guard should have their guns charged with blank cartridges, and fire at the assailants when they attempted to enter the jail. Gen. Deming, who was left in command, being deserted by some of his troops, and perceiving the arrangement with the others, and having no force upon which he could rely, for fear of his life retired from the village. The conspirators came up, jumped the slight fence around the jail, were fired upon by the guard, which, according to arrangement, was overpowered immediately, and the assailants entered the prison, to the door of the room where the two prisoners were confined, with two of their friends, who voluntarily bore them company. An attempt was made to break open the door; but Joe Smith being armed with a six-barrelled pistol, furnished by his friends, fired several times as the door was bursted open, and wounded three of the assailants. At the same time several shots were fired into the room, by some of which John Taylor received four wounds, and Hyrum Smith was instantly killed. Joe Smith now attempted to escape by jumping out of the second-story window, but the fall so stunned him that he was unable to rise; and being placed in a sitting posture by the conspirators below, they dispatched him with four balls shot through his body. Thus fell Joe Smith, the most successful impostor in modern times.; a man who, though ignorant and coarse, had some great natural parts, which fitted him for temporary success, but which were so obscured and counteracted by the inherent corruption and vices of his nature, that he never could succeed in establishing a system of policy which looked to permanent success in the future. His lusts, his love of money and power, always set him to studying present gratification and convenience, rather than the remote consequences of his plans. It seems that no power of intellect can save a corrupt man from this error. The strong cravings of the animal nature will never give fair play to a fine understanding, the judgment is never allowed to choose that good which is far away, in preference to enticing evil near at hand. And this may be considered a wise ordinance of Providence, by which the counsels of talented but corrupt men, are defeated in the very act which promised success. It must not be supposed that the pretended Prophet practiced the tricks of a common impostor; that he was a dark and gloomy person, with a long beard, a grave and severe aspect, and a reserved and saintly carriage of his person; on the contrary, he was full of levity, even to boyish romping; dressed like a dandy, and at times drank like a sailor and swore like a pirate. He could, as occasion required, be exceedingly meek in his deportment; and then again rough and boisterous as a highway robber; being always able to satisfy his followers of the propriety of his conduct. He always quailed before power, and was arrogant to weakness. At times he could put on the air of a penitent, as if feeling the deepest humiliation for his sins, and suffering unutterable anguish, and indulging in the most gloomy forebodings of eternal woe. At such times he would call for the prayers of the brethren in his behalf, with a wild and fearful energy and earnestness. He was full six feet high, strongly built , and uncommonly well muscled. No doubt he was as much indebted for his influence over an ignorant people, to the superiority of his physical vigor, as to his greater cunning and intellect. His followers were divided into the leaders and the led; the first division embraced a numerous class of broken down, unprincipled men of talents, to be found in every country, who, bankrupt in character and fortune, had nothing to lose by deserting the known religions, and carving out a new one of their own. They were mostly infidels, who holding all religions in derision, believed that they had as good a right as Christ or Mahomet, or any of the founders of former systems, to create one for themselves; and if they could impose it upon mankind, to live upon the labor of their dupes. Those of the second division, were the credulous wondering part of men, whose easy belief and admiring natures, are always the victims of novelty, in whatever shape it may come, who have a capacity to believe any strange and wonderful matter, if it only be new, whilst the wonders of former ages command neither faith nor reverence; they were men of feeble purposes, readily subjected to the will of the strong, giving themselves up entirely to the direction of their leaders; and this accounts for the very great influence of those leaders in controlling them. In other respects some of the Mormons were abandoned rogues, who had taken shelter in Nauvoo, as a convenient place for the head-quarters of their villainy; and others were good, honest, industrious people, who were the sincere victims of an artful delusion. Such as these were more the proper objects of pity than persecution. With them, their religious belief was a kind of insanity; and certainly no greater calamity can befall a human being, than to have a mind so constituted as to be made the sincere dupe of a religious impostor. The more polished portion of the Mormons were a merry set of fellows, fond of music and dancing, dress and gay assemblies. They had their regular dancing parties of gentlemen and ladies, and were by no means exclusive in admitting any one to them on the score of character. It is a notorious fact, that a desperado by the name of Rockwell, having attracted the affections of a pretty woman, the wife of a Mormon merchant, took her from her husband by force of arms, to live with him in adultery. But whilst she was so living notoriously in adultery with a Mormon bully, in the same city with her husband, she was freely admitted to the best society in the place, to all the gay assemblies, where she and her husband frequently met in the same dance.

Transcript of George D. Watt’s Pitman Shorthand Recording of John Taylor’s Sermon, June 27, 1854 Tabernacle afternoon June 27th 1854. https://byustudies.byu.edu/content/john-taylors-june-27-1854-account-martyrdom

As President Young said, they were men and they were perhaps the best men that lived. They might have some little weaknesses and foibles like other men, but if they had been better than that they would not [have] been fit to associate with people.20 But they were men of God and lived and died in faith of that gospel. They preached and did it sincerely with honest hearts before God and men. And, therefore, I feel pleasure in testifying of these things. . . . The governor by and by made his appearance at Carthage, and he sent a deputation down to Joseph Smith requesting him to send out a deputation to him to wait upon him in Carthage to acquaint him with [the] state of affairs in Nauvoo. Joseph Smith appointed Doctor Bernhisel,58 who is now in Washington, and myself to go with the deputies of the governor and meet him in Carthage and to take with us the papers. We had the documents, affidavits, testimonies, etc., that had been presented before Joseph Smith of acts of violence that had been sworn to by different individual[s] as they came and made their cases known to him. I believe Squire Wells took a good many of them. We went to the governor and found everything there in [the] greatest state of excitement. All the blacklegs, murderers (though some of them I was acquainted with and believe them to be such from our testimony), apostates, and greatest enemies that Joseph Smith and Mormonism had in the country were there; and as it is said about Brutus having his right hand men, many of them seemed to me to be the right hand men of the governor. We did not obtain an interview with him immediately, but perhaps it might be well here to relate a little incident occurred about the time we arrived there about 11 at night. We went right to the hotel the governor stayed at and took up our quarters there. We had not been in there ten minutes when there was a soldier came in and he knew that one of our brethren, Brother Carns59 of German descent, as good [a] man [as] anywhere, 60 he had been committing some great misdemeanor, he [the soldier] said. And naturally that it was necessary he [Carns] should be imprisoned. But they felt bowels61 of compassion towards him, being [the] man held, and they wanted one of us to go and give bail for them. It struck me to be [a] rather curious kind of night to take up prisoners to give bail, and we knew our documents to be laid before the governor. I said, “I don’t believe your statement about Carns, but if bail is necessary, tomorrow morning 62 [will] go and see him and it will all be right.” We passed along and went to our lodging, and as we were going into our room we passed through another room and we saw laying in that room a man by the name of Jackson,63 a repeat murderer. Our bed was placed beside64 his, just two board posts between. We had with us arms. I had a good six shooter. I did not sleep any that night. Thought I would be on the alert as nobody else was. So we had just got into bed when [a] rap came to to [the] door and Chauncey Higbee came [in]. Many of you know him, a notorious scamp, as black [an] apostate and full of [the] devil as anybody. He came there and knocked at our door and of course he thought it would be of no use speaking to me after what has taken place now. Doctrine “Doctor, it is a pity Carns should be in.65 Believe him to be a good sort of fellow. Sorry to see him lying in jail. Would it not be better to go and liberate him?” Talked with the doctor and he thought he would go. Chauncey went out of [the] room until he got his clothes on. Says I, “You may better stay where you are. Don’t you know, we have papers and documents? [Their] very purpose [is to] part us to destroy us either one of us.” We stayed together that night. Towards the next night we had an interview with the governor he when we went into the room he was surrounded with just such characters [as] I had mentioned. And if it had not been [that] I was going on public business, if I had been on private instead of public, I should have turned around and said, “Governor Ford, if you choose to [be] with such characters as these, I shall withdraw.” But it was necessary we should do our business in [a] public capacity. I said we had been sent by General Smith, that we had with us documents to inform him of [the] position of the country and all what was going on generally. He took our documents and commenced reading them, but while he was reading another one [would] say, “That is a lie,” another, “That is a damned lie,” another, “That is a God damned lie.” But his Excellency did not hear it. Perhaps he thought it very polite. It passed off comfortably with him. The result of it was he told us he would prepare a letter for us. He did so sometime late on in the evening. We got a letter and went back to Nauvoo with it. When Joseph Smith read the letter, he believed there was mischief intended by the governor and the parties. And we talked over the matter for [a] length of time in the Nauvoo Mansion. And finally there was some gentlemen came in, some relation of the late president, and wished to see Joseph Smith and have some little conversation with him.66 As it was very late, and we had been up for one or two nights before, I went out off and left him that that evening. In the morning I heard Hyrum and Joseph [and] one or two others crossed the river and thought it [the] best thing to go. I crossed but did not see him until sometime [the] next day when I got word from him. Brother Elias Smith went to search [for] Joseph [and] brought me word that Joseph and Hyrum had concluded to go to Carthage and requested me to come and go along. I had peculiar feelings at the time. I had not seen them, but I had been arranging my business to leave in half an hour. I should have been started east except if I did not find them over the river I should meet them by there. There was peculiar feelings among many of the brethren in relation to it.67 I was not there during the whole of those deliberations. As I said, I was preparing to arrange my business for the east. Hyrum extended a strong wish to return and stated his feelings precisely, and Joseph gave way to his brother’s feelings. Joseph had told them in [a] public speech before, says he, “brethren I will stand by you to the death.” Some of <’em>68 went and asked him if he was going to leave them now, so I heard. I do not know the particulars of course. Then he turned around and said, “Die? Yes, I am a man of honor and integrity. I stand up to my post if the devil stand in the way.” There was nothing of cowardice in him. Rest Lots of brethren others here say no one69 sought to destroy the brethren. He went out with <100>70 men to meet in the prairie to meet 2500—no, nothing of cowardice. But he thought it would be better to ward off the blow a little while and trust to pardon to regulate things when the storm should be [a] little abated. These, I believe, were his feelings in going over the river. We had been . . . . I believe . . . Before that, I must mention a circumstance here. That the city charter of Nauvoo possessed the right of a writ of habeas corpus, which gave the parties the privilege of being taken from before an officer, if they considered there was injustice going to be done them, and receive a trial in another place. Before this mob came—before [the] governor came—Brother Joseph, Brother Hyrum, and all of the city council appeared before Squire Wells, who was then one of the magistrate[s] to answer to this charge brought them against them. The municipal [court] issued a writ of habeas corpus, and the city marshal took us out of [the] hands of [an] officer sent from Carthage, and we was brought before Squire Wells. Why? Because he was not in the Church at that time and they could not have any reasonable objections for us to be tried before him in order to conciliate the people.71 We were acquitted, but we72 were not satisfied. Now I return to where I left off. We agreed to go to Carthage. Joseph said very little when we went, but he did talk [of] feelings on leaving home. I remember a remark that President Young made down at North Ogden [one] day a while ago in speaking about Brother Joseph. He said at that time, he believed the spirit of God was withdrawn from it at the time and he was left to grapple with the powers of darkness. I believe it. I believe it from the statement he made. Somebody asked him as we were journeying to Carthage, says they: “Joseph what will be the upshot of this matter?” “Well,” says he, “I do not know anything about it. Do not talk to me about matters now. I have given up my office and calling for the time being.” Made some remark like that. “I do not profess to guide this people now while I am in [the] hands of officers. Somebody else must do it.” This is [the] body of meaning, [the] spirit of [the] words, if not the exact words.

He went to Carthage, and it was not Joseph and Hyrum alone [that were] implicated in that matter but all the city council. I was one of them. we went to Our brother the governor sent for Joseph Smith. He pledged to us his honor and the honor of the state that these men should be protected and should not be injured. He gave it to us as delegates that had been sent out by Joseph to convey this message to him. We spoke about the position of [the] country. We told him we were abundantly able to defend ourselves. We neither asked his help nor any other. We had at that time 5000 men in arms, and we could have taken one fourth of it and whipped out the governor’s posse and his mobocrats. Consequently, it was not because we could not defend ourselves but to be subject to the law of the land and conciliate the feelings of people. “Shall we go forward and bring posse?” “No,” says the governor, “don’t bring any.” “What shall be the situation of Joseph and Hyrum and those with them?” “I pledge my honor and honor of [the] state they shall be protected and no harm shall come to them.” I deviate [a] little in detail—perhaps because [of] things that occur to me which I have passed over. When we got there we had a hearing in the hotel. We stayed at the same place the governor stayed in. [The] man’s name that kept it was Hamilton.73 However, as there was so much excitement at that time abroad, it was thought best we should go early [and] have our appearance another time. That was thought the best course to pursue by the lawyers and all parties concerned. And as that was legal, we thought we would give our bail, have [an] appearance another time, and go at another time not in that excitement. We went bail for one another and that thing was cleared for the time being. In speaking of this bail, I must refer back to the bail that was required of me and Brother Bernhisel in relation to Carns. It is a little disconnected, but I wish to put the thing in as it was and show you why I came to such opinions about their proceeding. Next morning we went and waited [upon] Squire Smith.74 When we waited upon him, we spoke about this case of Carns and told him we had come to give bail for him. Says he, “I do not know whether I should be authorized to receive bail from any inhabitants from [the] City of Nauvoo, seeing things [are] in such a troublesome state.” Before either one of us would have done it. This time both were there. He did not think they he would be justified. “We have both got property in the county,” says I. “Search the records.” “Well, says he, “I do not think, finally, [it is] best for me to take bail. But it would have done if one night before.” Now I go back to where I left. We gave bail to for one another and it was not opposed and could not be rejected. The next thing was there was two ruthless characters. I don’t suppose anybody would have trusted them in death. I shall not mention any names about these. One of them I have forgot. The other matter [is] of little moment, let it pass. Suffice it to say they were men in whom could be placed no confidence. They went and made affidavit to the same Smith. All referred to that Joseph Smith and Hyrum were guilty of treason against the United States. They had been put up to this by one of the lawyers. They did this because treason was not a bailable case and they thought they would get them into prison where they could accomplish their designs upon them. As soon as I heard of this, a constable, a ruffian came into the room and was for bearing them off first. After75 I told him to hold on and asked him what he was after, Brother Phelps and others was present, I went to the governor’s room [and] says, “Governor Ford, are you aware that [a] writ has been issued against Joseph and Hyrum Smith accusing them of treason and [there is a] constable now wishing to put them into prison? I call upon you to use your official authority and liberate them.” “I am sorry,” says he, “that the thing should occur. But,” says he, “it is a thing [that] belongs to the judiciary, and the executive [has] nothing to do with it.” Says I, “Did not you pledge me your word of honor and faith of [the] state [that] you [would] see these men protected”? “So I will,” says he. “Are you going [to] allow them to be thrust into prison at the insistence of felons like these?” “It is a thing [that] belongs to the judiciary; it would not hurt them for one night. Gentlemen, I expect different things from you.” I went. Outran and saw some of our party readying to them back.76 To a soldier I say, “Will you go and tell your captain I wish to see him immediately, and if not see him bring the first captain”? He came and brought me his captain. “I believe there is a design to murder these men, and here is a ruffian wanting to 77 them among the people. I wish you [to] bring your company to protect them.” “I will do so,” says he. And just as quick as the constable got them to the door, the company arrived to escort them to the jail. Everything was excited at time. Another circumstance about this I mention. I do not know who he was. I suppose he was in the militia—perhaps a friend to the Mormons. He came and whispered to my ear. Says he, “Remember me.” But I never saw him from that time to this. I should like to come across him. He did all he could to save them. A whole lot of us went with Joseph, most of [the] city council and one or two strange gentlemen that went into prison at [the] same time. They considered abuse and outrage. There was a room full of us that night. In inquiring into the matter it was found they had 78 acted illegally in this matter. The officers had . . . They had committed them to prison under what is called a mittimus, as though they had been before them tried and proven guilty and they committed them to prison without a hearing. After having commenced [and] committed them to prison, the officer had no right to take them out of it unless they came to [a] county court and [were] brought out by right of habeas corpus. This was about the position of things. Well, they refused to go out. They appeared to before a court called the next day [by] this same officer Smith. He was captain of [a] company. He went to the governor. Says he, “Joseph and Hyrum refused to go out of prison.” “Have you not got a posse?” says he. “Do not you know what to do?” He could not interfere before in any capacity whatever to protect them, but he could tell the officer what he could do to take them out by force on the principle of mobbing <—>79 he spoke about before. Consequently, they were brought out as [a] company of men came and we all went out. There was no charges against any but Joseph and Hyrum. As witnesses could not be brought, they were remanded back to prison for two days until witnesses could be gathered and [a] proper hearing had. The next day the governor, Governor Ford, went to Nauvoo and he took away all of the military, I believe, with the exception of a company which was under the command of Captain Smith. This same Smith, captain of Carthage Grays, the most blood thirsty men [that] could be found anywhere, and these were the guards of Governor Ford, as he said, to protect the lives of Joseph and Hyrum Smith when we were in jail remanded a second time. There was only one or two allowed to go into jail besides myself and Brother Willard Richards. We obtained liberty from the governor, Richards being Joseph’s private secretary and myself as his friend. There was one or two others [who] were permitted to go in, and different people came to see us. And we were left alone pretty much with the exception of two or three individual that came now and again. One was Captain Jones,80 as he is called, from Wales. Another was Brother Wheelock,81 Brother Markham,82 and some two 3 others.83 There was a strong feeling manifested by individuals of the brethren who would have been glad to have been with Joseph.*84 [Editor’s note: The surviving portion of George D. Watt’s shorthand recording of the Taylor sermon ends here, and the remainder is filled in with Thomas Bullock’s recording, with italics indicating where Pitman was used, as noted above.] We ad [had]85 various conversations on the curious spirit there. The mob had prevented all to come. The last one was sent out for a little wine. He was not allowed to come back. Bro Wd [Willard] says, bro Jos[eph] if there is any scuffing to be done let me [get it] done and let you go and I sd. [said] if you will let me go[.]86 in a few hours I will have enough men to liberate you even if we tear down the prison. He objected preferring peace. I rem[em]ber bro Hy[rum] requested me to sing a poor wa[y] faring man of grief which I done. He requested it the 2nd time. I then saw a crowd of men87 with disfigured faces and came up to the door up stairs. I made a rush to the door. bro H[yrum] and bro R[ichards] got there first. They leaned agsn. [against] the door. some one fired a gun thro the key hole. He then walked a little distance. a ball came thro the door and struck him in his face. another thro the windows fired by the Carthage Greys. He fell on his back and sd [said] I am a dd [dead] man. Josh [Joseph] came and sd [said] Oh my poor bro Hy.[rum.] Bro Wheelock gave the pistol to bro Jos[eph] [—]88 He pulled the pistol deliberately 6 times. 3 times whent [sic] of[f] and 3 didn’t. I seized a thick hickory stick and bro Jos[eph] [was] behind me. I parried off the guns firing and the last I heard bro Jos[eph] sa[y] parry them of[f] as well as you can. In a few moments the door was full of bayonets. The window was open. I made an attempt to jump out of the windo. I fell on the windo sill and fell inside. I recovered my feeling and crawled under the bed. I had given Dr. Richards my watch and money.89 my watch was all broken up. the wa[y] I fell in was a par[ty] outside shot me as I was falling and the force of the gun threw me back. I was shot once or twice under the bed. The next I noticed was bro R[ichards] going from the windo to the door towards some cells. I sd. [said] Dr. come and take me along. He opened the door and dragged me along the two balls in90 I was in excruciating pain. He put me in a cell and threw me under the mattress. He they ma[y] kill me91 sd.[said] is it possible Josh is dd [dead] pray you may live and tell the story. they retd [returned] and found no one in the room and they absconded. the coroner’s jury was called in the room. I bel[ieve] Hy[rum] never moved. I heard Frank92 Higby at martd. [martyrdom] I sd. [said] Cap Smith I want you to have F H arrested for I swear my life agst [against] him. And he left and another of men wanted me to go to the tavern. but I wo [would] not. the Dr . was attending to the bodies. I sd. [said] this jail ma[y] protect me. . . .93 I cod [could] not believe them. In ½ an hour the whole place was left. when Dr . R[ichards] came along I consented and went. these r [are] the outlines and mor[e] as I know them at the present time. I la[y] in the tavern till the next, mor[n]]. when my wounds were dressed. we cod [could] only whisper no. I went to Nauvoo. we rd 94 our P. O I suppose but was and I suppose they r [are] better off and can act in that position and I expect we shall meet them and strike hands. it was a barbarous thing and a real stain upon them and they can’t get rid of it in time and etr . [eternity] and they will be dd95 and they are dd and we shall see it. they have not hurt Jos[eph] or Hy[um] but they have hurt themselves. There r [are] 100s in this congr [congregation] who would have been glad to have been where we were. I know they lived and dd [died] men of God and will live for evermore and many of my bren [brethren] round about here if they r [are] gone there is others in their places. I rem[em]ber Xerxes96 had a Co [company] called the Immortals. if any were killed another twenty stept into his place and it was always kept full. it is a regular place and as soon as one steps out another steps in and that man that don’t fill it have not the sp[irit] of God. as those were men of God so r [are] thos who r [are] with us. from97 it is all rit [right] in t[ime] and in et.[ernity] God bless you all ever and ever Amen

1. James W. Singleton of Mt. Sterling was brigadier general of the Illinois Militia in 1844, and in command of the force at Carthage. See Howard F. Dyson, ed., History of Schuyler County in Newton Bateman and Paul Selby, eds., Historical Encyclopedia of Illinois and History of Schuyler County (Chicago: Munsell Publishing Company, 1908), p. 481.

2. Minor R. Deming actually was not elected Hancock County sheriff until August. In June he was the commander of the Hancock County militia. A new interest in Deming has been kindled by Professor Robert M. Sutton of the University of Illinois, particularly subsequent to his reading of a paper on Deming before the Mormon History Association at Chicago on April 29, 1967

3. The author's two older brothers were William, already cited, and Edwin Baldwin (1825-?). Their membership in the Greys is also indicated in Scofield, p. 918.

4. Helen Baldwin Williams Wilson Hunt (1 821-1887) was the sister of the author. Her first husband was Samuel Otho Williams, a second lieutenant in the Greys who died Nov. 28, 1844, not long after the Smith murders. The younger sister was Mary J. Baldwin, who died short of her seventeenth birthday in 1853. See Carthage Gazette, Dec. 16, 1887, p. 1; Scofield, p. 918.

5. This is almost certainly Capt. Robert F. Smith, who was not only an important figure in the Greys but also the justice of the peace who had ordered, by means of a dubious legal instrument, the jailing of the Smiths.

6. Mrs. Marsh had no brother named Tom. The brother whose name is disguised here is apparently Edwin. See note 20.

7. This is J. H. Sherman, about whom the editors have been able to discover very little. It is interesting to note, however, that Gregg, in whose book Mrs. Marsh un- doubtedly found this account, Scofield, and Mrs. Marsh all give only Sherman's initials, whereas Sherman, who published a series of ten articles on the Mormons in the Ithaca (N.Y.) Journal in 1886, was willing to sign his name. We reprint his account because it appears to be a genuine eyewitness account that is virtually unremarked in the liter- ature of the assassination. See also Thomas Gregg, The Prophet of Palmyra . . . (New Vork: John B. Alden, Publisher, 1890), pp. 278-80; Scofield, pp. 846-47.

8. Periods in original MS.

9. While Mrs. Marsh is here again attempting to disguise her own identity, it should be noted that her mother's maiden name was Brown, according to family Bible entries.

10. Periods in original MS.

11. What Mrs. Marsh is attempting to imply, rather slyly and indirectly through Mr. C, is that the often-heard reports that there were Missourians in the mob at Carthage were true.

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