Monday, 18.—After dinner, Constable Follet returned with John Elliott, a schoolmaster, when an examination was had before Esq. Johnson, in the assembly room. Elliott was found guilty of kidnapping Avery, and bound over in the sum of $3,000 to the Circuit court of Carthage for trial. I endeavored to have the court reduce those bonds, as Mr. Elliott was comparatively a stranger in Nauvoo; but did not succeed.
During the investigation, testimony appeared to show that Elliott had threatened my life; and for this I made affidavit and brought him to trial before Robert D. Foster, J. P., immediately after he had been bound over by Esq. Johnson. I extract from the proceedings, in part, from the Neighbor:—
THE TRIAL OF JOHN ELLIOTT.
The prisoner was brought forward, and the court said it was his privilege to plead for a change of venue, by paying the costs; but as the costs were not forthcoming, the court proceeded.
Mr. Styles then read the "Act to regulate the apprehension of offenders and for other purposes," p 219, r. s. The act sets forth that the use of threatening language is sufficient to criminate individuals. This we are prepared to prove.
The testimony was similar to that before delivered, [in Chase affidavit see p. 109] with the following additional items:—
I did ask him if he had authority. In the morning he said that he would not care about shooting some of the Mormons. In conversation with him, he carried the idea that a conspiracy was formed against Joseph Smith and others, and that some of them would be shot. These conversations were had at different times. He thought Mr. Smith was a bad character. He thought they ought to be taken. Question: Who? Joseph Smith and some others.
I told him he had been taken, but had been acquitted. He did not thank the Governor for that. He carried the idea that there was a conspiracy against his life, and said we have a plan in operation that will pop him over.
Mr. Elliott sworn.
By the Court: Is your residence, Mr. Elliott, in this county? Yes.
Messrs. Marr and Styles, attorneys, resident in Nauvoo, made some thrilling remarks pertaining to the outrageous proceedings of Missouri. The diabolical conduct of those wretches who could be engaged in destroying and kidnapping their fellowmen was portrayed in glowing colors.
Judge Phelps and General Smith then followed on the same subject: their language was thrillingly eloquent and powerful. If ever inhumanity and deeds of blood were depicted in their true colors, it was on that occasion: their thoughts flashed as fire, and they spake in "words that burned." We never saw the character of General Smith so clearly developed; for while he abhorred and depicted the fiendish crime that the culprit stood charged with in its true colors, he pitied the poor wretch that then stood before him, and with feelings of commiseration, benevolence, and philanthropy, withdrew his charge—wished, if it was within the power of the court, that the culprit might be forgiven,—promised to pay all the charges, and invited him and those of his friends who came along with him, to come to his house, and they should be taken care of. It would be superfluous for us to attempt to give even a faint outline of the remarks made by the above-named gentlemen. We hope to have at least a synopsis of their speeches for publication, which we are sure would be highly interesting to our readers. Upon the whole, although a painful, yet it was an interesting occasion and will long be remembered; and unless Mr. Elliott's heart and those of his friends were made of adamant, it must have made an indelible impression on their minds, and almost made them hate themselves.
I received from Aaron Johnson, Esq., the following demand:—
CITY OF NAUVOO, December 18, 1843.
SIR:—I have been informed that a writ issued by me for the body of Levi Williams, for kidnapping Daniel Avery, will be resisted by an armed force: Therefore, according to the provision of the Charter, I wish you to order me a detachment of the Nauvoo Legion—say 100 men, to enforce the law of the State, and bring the said Williams to justice.
AARON JOHNSON, J. P.
Which demand I complied with by writing to Major-General Wilson Law.
Detachment of the Legion Ordered into Service.
CITY OF NAUVOO, Dec. 18, 1843.
SIR:—You will detach 100 men, under the direction of Aaron Johnson, a Justice of the Peace, for the purpose of assisting the constable in executing the law of the State in taking Levi Williams, who is charged with kidnapping Daniel Avery.
Yours,
JOSEPH SMITH, Lieut-Gen., N. L.
To MAJOR-GEN. WILSON LAW,
Commanding Nauvoo Legion.
Gen. Wilson detached Colonel Stephen Markham with 100 men for that purpose.
Rumors of Mob Risings.
About 10 p.m., two young men arrived as express, stating that a mob was collecting at Warsaw, also at Colonel Levi Williams' house; and messengers had gone to the mob in Missouri to reinforce their number there.