Affidavit of Daniel Avery—His Treatment in Missouri.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the 28th day of December, 1843, came Daniel Avery before me, Joseph Smith, mayor of the city aforesaid, and after being duly sworn, deposeth and saith that on the second day of December, 1843, he was unlawfully arrested by force and arms, and kidnapped at Doty's Mill in Bear Creek precinct, Hancock county, and State aforesaid, by Colonel Levi Williams, his son John Williams, of Hancock county; John Elliott, a schoolmaster, from four-and-a-half miles below Warsaw; William Middleton and Joseph McCoy, of Clark county, Missouri, and four others. Colonel Williams held his bowie-knife to his breast. Six of the others stood with their pistols cocked and their fingers upon the triggers, muzzles presented at his body, ready to fire; and two stood with clubs, and amidst the most horrid oaths and imprecations, took and bound with silk handkerchiefs your said affiant, and led him away between two men, one holding a savage bowie-knife on one side, and the other a cocked pistol on the other side, (having taken away your said affiant's weapons while binding him in the mill,) and led your affiant about a mile. Your affiant refused to walk any further, and they put him upon a horse, and tied his legs under the horse; and John Elliott, the aforesaid schoolmaster, led the horse as fast as he could make his way, through a thicket and by-way to the house of the aforesaid Colonel Williams. Here the kidnappers ate and drank; and after they had unbound me, (for they had bound me so tight that I was in great pain,) I was also suffered to partake.

They then put me upon the horse again, and bound me, and started for the river, the said schoolmaster Elliott leading the horse. When we came near a schoolhouse where there was a meeting, they came to a halt, sent messengers to the meeting, and in the course of half an hour they returned with an armed mob, with rifles and other weapons, sufficient to make the whole company number about twenty. Being all on horseback, they formed a circle, with your affiant in the center, who up to that time had acquainted every man he saw that they were kidnapping him, and marched in that order to a house on a point below Warsaw; and as I was very cold from being bound, they took me into the house to warm. I now called for a trial, as I had told them all the way that I never resisted legal authority. They said they were hunting a magistrate. Said I, "I understand you; you mean to force me into Missouri." McCoy returned, and said, "We are ready." It was about midnight. We went about three hundred yards up the river to a skiff. I refused to cross as they had promised me a trial. They forced me into a skiff and bound me, and five men put me across. Their names, so far as I could ascertain, are William Middleton, William Clark, Joseph McCoy, John Elliott, and Charles Coolidge. They landed at the tavern on the south side of the Des Moines, and took me into a back room, threw down a buffalo robe for my bed; but as my arms were bound so tight that I could not rest, I complained; told Middleton that was not the way he was used at my house. They felt at my arms and exclaimed, "By God, they are not too tight!" I begged to have one arm liberated, and finally they untied both, and I slept (under guard) on the buffalo robe before the fire.

About noon they got ready and started with me, guarded upon a horse, for McCoy's in Clark county, Missouri, about twelve miles distant. It being night when we arrived, and I unwell through fatigue and confinement and the abuses before received, I went to bed. They had sent runners ahead; and after I had been in bed awhile, the sheriff came up from Waterloo, the county seat, a distance of about two miles, to arrest me and take me before a magistrate that night; but Middleton and McCoy objected, as I was sick. The sheriff, however, executed his writ, and left me in their care till morning. It being late before we breakfasted, he came in the morning and made the second scope of his authority and took me. He quizzed me the night before, to draw something out for testimony; but as innocence cannot be affected by truth, he was as wise at one end of the story as the other.

At Waterloo I was examined by a magistrate, who committed me upon the substance of an affidavit made by my son in duress with a bowie-knife at his breast, and upon a promise that he should be liberated from Monticello jail, where he was confined after being kidnapped some three or four weeks previous. My bonds were fixed at $1000; and as I had no bail in such a strange place, I was started for Palmyra jail, in Marion county. The deputy sheriff took me to Musgrove, the sheriff, a distance of ten miles. Here I sued out a writ of habeas corpus, but the judge remanded me to prison.

At Monticello my chains were taken off, and I was at liberty in the midst of a strong guard to view the town. Here a lawyer agreed to take me and my son through court (as the Missourians say,) for a horse. Saw my son in the prison; said he was forced at the point of a bowie-knife to make an affidavit against me; but he knew I was innocent.

I tried to be left with him in jail; but no, I was compelled to go to Palmyra, where I arrived the next evening. The sheriff thrust me into the dungeon without waiting to eat, warm, or anything else. The next morning the blacksmith came into the jail and ironed me to the middle of a great chain that was fast to the floor, where I remained in the horrid gloom of a Missouri prison two weeks.

From thence the deputy sheriff started, with me chained upon the horse in this wise. He then chained my right leg, and then passed the chain up to my left hand. In this way I traveled nine miles, when we stopped, and he changed the chain from my hand to the horse's neck. We arrived at Monticello, and I was chained all night.

The next day I was conveyed to Waterloo, and delivered into the custody of the sheriff of Clark county. I was kept under a strong guard by day, and at night chained to one of the guards or to the bedpost.

I was informed that Middleton and McCoy procured an indictment against me, by giving bonds to the amount of some two or three hundred dollars, that they would hunt up testimony to the point for next court, there being nothing against me but the affidavit of my son before alluded to; and so the grand jury found a bill.

Ellison, my lawyer, deceived me, and put over my case for six months, because, as I suppose, I, being kidnapped, had no fees for him. I objected to having my trial put off for six months. I did not fancy the dungeon of Palmyra prison. The court concluded to let me to bail under bonds of $1000, but this I could not obtain. Subsequently it was reduced to $500, but all in vain, for I was unacquainted with the people.

This was on Saturday, and I was thus left to meditate on the mischief that may be made out of a little matter by meddlesome men.

On Monday I sued out a writ of habeas corpus; and after a fair hearing of the matter, I received the following order:—

STATE OF MISSOURI,

COUNTY OF CLARK. ss.

December, 25, 1843.

Ordered by the Clark County Court that Samuel Musgrove, sheriff of Clark county, discharge Daniel Avery from imprisonment, on an indictment found against him for the alleged crime of stealing a mare of Joseph McCoy.

By order of Court.

[Sidenote: [L. S.]

Witness—Willis Curd, Clerk of said court, and seal of office this 25th of December, 1843.

Done at office in Waterloo, date above.

WILLIS CURD, Clerk.

HONS. JOHN W. DEWELLIN,

HENRY SNIVELY, Judges.

Very early on Tuesday morning your affiant started for Nauvoo and arrived the same evening about sundown, a distance of nearly twenty miles so crippled from the iron bondage and hard usage of Missouri, that he is hardly able to walk. To those who assisted your said affiant to obtain his release from bondage, he tenders his grateful acknowledgements; and further your affiant saith not.

Subscribed and sworn to before me, this 28th day of December, 1843.

DANIEL AVERY.

W. W. PHELPS, Clerk, M. C.

Joseph H. Jackson—Prophet's Interview with.

Friday, 29.—At home. In the forenoon, W. W. Phelps called and gave us a lesson on eloquence, and read my Appeal to the Green Mountain Boys, and also a New Year's hymn without rhyme. Three p.m., I related to Dr. Bernhisel and Joseph H. Jackson[[2]] my commencement in receiving revelations. Mr. Jackson said he was almost persuaded to be one with me. I replied, I would that he were not only almost, but altogether.

At four p.m., I met with the City Council.

Police Force of Nauvoo Increased.

Having selected forty men to act as city policemen, they met with the Council, and were sworn into office to support the Constitution of the United States and the State of Illinois, and obey the ordinances of this city and the instructions of the Mayor, according to the best of their ability.

Names of police called by Captain Jonathan Dunham:

Jonathan Dunham, High Policeman, Charles C. Rich, 1st Lieutenant, Hosea Stout, 2nd Lieutenant, Shadrack Roundy, 3rd Lieut., John Pack, Ensign, Jesse P. Harmon, Orderly Sergt., John D. Lee, 2nd Sergeant, Daniel Carn, 3rd Sergeant, Josiah Arnold, 4th Sergeant, James Emmett, 1st Corporal, Alexander Mills, 2nd Corporal, Steven H. Goddard, 3rd Corporal, William Pace, 4th Corporal, Abraham C. Hodge, Pioneer, Levi W. Hancock, Fifer, Daniel M. Repsher, Fifer, Richard D. Sprague, Drummer, Samuel Billings, Drummer, Abraham O. Smoot, Dwight Harding, John Lytle, Simeon A. Dunn, Andrew Lytle, Appleton M. Harmon, Howard Egan, James Pace, Benjamin Boyce, Francis M. Edwards, Lorenzo Clark, William H. Edwards, Davies McOlney, Moses M. Sanders, Abram Palmer, Warren A. Smith, Isaac C. Haight, George W. Clyde, John L. Butler, Vernon H. Bruce, Elbridge Tufts, Armsted Moffet, Truman R. Barlow, Azra Adams.

The Mayor said—

Address of the Mayor to the Nauvoo Police.

It is expected that a part will be on duty while others rest. It might be expected that thieves had crept into the Church for the purpose of concealing their wickedness under the garb of sanctity.

It is an abominable thing to set a thief to catch a thief; and I would look with the utmost contempt upon men who do this as guilty of a mean or cowardly act.

Some city councils have taken thieves out of their prisons, and employed them as policemen, under the old and foolish adage—"Set a rogue to catch a rogue," which is decidedly wrong, and is corrupt in policy.

You will act under the direction of Jonathan Dunham—we will call him High Policeman. In reality he is the captain of the police: but as men are apt to be frightened at a military title, we will use s civil title, as these policemen are all civil officers of the city.

Captain Dunham is the man to send after a thief. He will not come back, after following him a mile, to ask if he may shoot him, if he resists. Some men have strange ears and changeable hearts: they become transformed from their original purity and integrity, and become altogether different from what they were.

If the bloodthirsty hell-hounds of Missouri continue their persecution, we will be forbearing, until we are compelled to strike; then do it decently and in good order, and break the yoke effectually, so that it cannot be mended. The mob have been so repulsed in their last attempt at kidnapping, they may stand in fear, at least for a short time.

We will be in peace with all men, so long as they will mind their own business and let us alone. Even "Peace with Missouri" shall be the motto of the Church of Jesus Christ of Latter-day Saints, from this time forth, if they will stop their persecution and oppressive warfare against us. Let them alone, for they stink in the nostrils of the Almighty: let them alone. Porter Rockwell has come home clear. A Missouri grand jury could not find a bill against him even in Jackson county; and that proves me clear of the charge of being accessory of shooting Lilburn W. Boggs. Many of our difficulties from the State of Missouri are hurled upon us through the influence of some of our near neighbors.

Governor Ford has boasted of being a law-abiding man. A governor certainly should be law-abiding. It is therefore our best policy to acquaint the Executive, by affidavits, of every violation of our rights, so that when the onset comes, he will be obliged by law to send the militia to our support. Let us keep cool as a cucumber on a frosty morning. Do not be excited. Say nothing about Missouri's oppression. "A soft answer turns away wrath but grievous words stir up anger," therefore we "poor pussy" this generation.

Keep a strict account of the time you serve as policemen. Have the ordinances of the city always in your possession, and study them, sad ferret out all grogshops, gambling-houses, brothels, and disorderly conduct; and if a transgressor resists, cuff his ears. If anyone lifts a weapon or presents a pistol at you, take his life, if need be, to preserve your own; but enforce the ordinances, and preserve the peace of the city, and take care of your own lives. Let no horses be taken away out of the city, or anything else stolen, if you can help it.

Let Missouri alone. Keep out of her territory. Don't go over there on any business whatever. Any of this people would be subject to cruel abuse, if found in that State, in the same manner that Porter Rockwell has been. He was seized in St. Louis while attending to his lawful business, picked up and ironed, and thrown in jail without any form of law, conveyed to Independence in the custody of a ruffian who swore falsely in the hope of getting a reward, kept in irons all the way, lodged in Independence jail without even the form of an inquiry, chained double in a filthy, damp, unventilated dungeon,—chained hand and foot, so that he could not straighten for months, till his body was reduced to a mere skeleton, and he unable to walk when the irons were taken off, and he had to be led,—half fed on the refuse of what dogs would not eat: his case presented to a Jackson county grand jury, and not evidence enough to warrant them in even finding an indictment. After which, the Missouri court, in the plenitude of their justice, transmitted the innocent and unindicted man back to the dungeon, without fire, provisions, or any other comfort,—hoping by this torture, no doubt, to produce death, or force him to accede to an infamous proposition, "that whether Jo Smith was guilty or innocent, only come out against him, you shall have your liberty, and receive a liberal reward." After months have passed away, without any shadow of law, the door is opened, and he is told to "slip off privately, or the people will hang you." Keep out of Missouri, if you don't want such treatment as this; for the Averys, Rockwell, and many others have been thankful to get away with their lives.

If any man attempts to bribe you in any way whatever, or persuade you to neglect your duty, tell the same to me. Let us have a reformation.

There are speculators in this State who are wanting to sell revolving pistols to us, in order to fight the Missourians, and at the same time inciting the Missourians to fight us. Don't buy: it would be better to buy ploughshares and raise corn with them.

My life is more in danger from some little dough-head of a fool in this city than from all my numerous and inveterate enemies abroad. I am exposed to far greater danger from traitors among ourselves than from enemies without, although my life has been sought for many years by the civil and military authorities, priests, and people of Missouri; and if I can escape from the ungrateful treachery of assassins, I can live as Caesar might have lived, were it not for a right-hand Brutus. I have had pretended friends betray me. All the enemies upon the face of the earth may roar and exert all their power to bring about my death, but they can accomplish nothing, unless some who are among us and enjoy our society, have been with us in our councils, participated in our confidence, taken us by the hand, called us brother, saluted us with a kiss, join with our enemies, turn our virtues into faults, and, by falsehood and deceit, stir up their wrath and indignation against us, and bring their united vengeance upon our heads. All the hue-and-cry of the chief priests and elders against the Savior, could not bring down the wrath of the Jewish nation upon His head, and thereby cause the crucifixion of the Son of God, until Judas said unto them, "Whomsoever I shall kiss, he is the man; hold him fast." Judas was one of the Twelve Apostles, even their treasurer, and dipt with their Master in the dish, and through his treachery, the crucifixion was brought about; and we have a Judas in our midst.

The Mayor blesses the Police.

It shall be said in time to come, Where are our old policemen? Let us have one of the old policemen, to stand at our window, guard our interest, and protect our families, and we shall be safe.

If you will magnify your office, the full confidence of Israel shall be the blessing that shall be conferred on you in time to come.