This evening General Atchison arrived in Far West.
Consultation with General Atchison.
Tuesday, 4.—This day I spent in council with General Atchison. He says he will do all in his power to disperse the mob. We employed him and Alexander Doniphan (his partner) as our counsel in law. They are considered the first lawyers in upper Missouri.
The Prophet and Sidney Rigdon Study Law.
President Rigdon and myself commenced this day the study of law, under the instruction of Generals Atchison and Doniphan. They think, by diligent application, we can be admitted to the bar in twelve months.
The Prophet and Lyman Wight to submit to Trial.
The result of our consultation with our lawyers was that myself and Colonel Wight volunteer to be tried by Judge King in Daviess county. Colonel Wight was present, having been previously notified to attend the consultation. Accordingly, Thursday next, was appointed for the trial, and word to that effect was sent to Judge King (who had previously agreed to try the case). All are to meet at Brother Littlefield's, near the county line in the southern part of Daviess county. I was at home in the evening after six o'clock.
Wednesday, 5.—I gave the following affidavit, that the truth might appear before the public in the matter in controversy:
The Prophet's Affidavit on the Adam Black Incident.
State Of Missouri,
Caldwell County. ss.
Before me, Elias Higbee, one of the justices of the county court, within and for the county of Caldwell aforesaid, personally came Joseph Smith, Jun., who, being duly sworn according to law, deposeth and saith: That on the seventh day of August, one thousand eight hundred and thirty-eight, being informed that an affray had taken place in Daviess county, at the election, in the town of Gallatin, in which two persons were [reported] killed, and one person badly wounded, and fled to the woods to save his life; all of which were said to be persons belonging to the society of the Church of Latter-day Saints; and further, said informant stated that those persons who committed the outrage would not suffer the bodies of those who had been killed to be taken off the ground and buried.
These reports, with others, one of which was that the Saints had not the privilege of voting at the polls as other citizens; another was that those opposed to the Saints were determined to drive them from Daviess county, and also that they were arming and strengthening their forces and preparing for battle; and that the Saints were preparing and making ready to stand in self defense—these reports having excited the feelings of the citizens of Far West and vicinity, I was invited by Dr. Avard and some others to go out to Daviess county, to the scene of these outrages; they having previously determined to go out and learn the facts concerning said reports.
Accordingly some of the citizens, myself among the number, went out, two, three, and four, in companies, as they got ready. The reports and excitement continued until several of those small companies through the day were induced to follow the first, who were all eager to learn the facts concerning this matter. We arrived in the evening at the house of Lyman Wight, about three miles from Gallatin, the scene of the reported outrages. Here we learned the truth concerning the said affray, which had been considerably exaggerated, yet there had been a serious outrage committed. We there learned that the mob was collected at Millport, to a considerable number; that Adam Black was at their head; and that they were to attack the Saints the next day, at the place we then were in, called Adam-ondi-Ahman. This report we were still inclined to believe might be true, as this Adam Black, who was said to be their leader, had been, but a few months before, engaged in endeavoring to drive those of the society who had settled in that vicinity, from the county. This had become notorious, from the fact that said Black had personally ordered several of said society to leave the county.
The next morning we dispatched a committee to said Black's, to ascertain the truth of these reports, and to know what his intentions were; and as we understood he was a peace officer, we wished to know what we might expect from him. They reported that Mr. Black, instead of giving them any assurance of peace, insulted them and gave them no satisfaction. Being desirous of knowing the feelings of Mr. Black for myself, and being in want of good water, and understanding that there was none nearer than Mr. Black's spring, myself with several others mounted our horses and rode up to Mr. Black's fence.
Dr. Avard, with one or two others who had ridden ahead, went into Mr. Black's house; myself and some others went to the spring for water. I was shortly after sent for by Mr. Black, and invited into the house, being introduced to Mr. Black by Dr. Avard. Mr. Black wished me to be seated. We then commenced a conversation on the subject at the late difficulties, and present excitement. I found Mr. Black quite hostile in his feelings toward the Saints; but he assured us he did not belong to the mob, neither would he take any part with them; but said he was bound by his oath to support the Constitution of the United States, and the laws of the State of Missouri. Deponent then asked him if he would make said statement in writing, so as to refute the statement of those who had affirmed that he (Black) was one of the leaders of the mob. Mr. Black answered in the affirmative. Accordingly he did so, which writing is in possession of the deponent. The deponent further saith, that no violence was offered to any individual in his presence, or within his knowledge; and that no insulting language was given by either party, except on the part of Mrs. Black, who, while Mr. Black was engaged in making out the above-named writing, (which he made with his own hand), gave to this deponent, and others of his society, highly insulting language and false accusations, which were calculated in their nature to greatly irritate, if possible, the feelings of the bystanders belonging to said society, in language like this—being asked by the deponent if she knew anything in the "Mormon" people derogatory to the character of gentlemen, she answered in the negative, but said she did not know but the object of their visit was to steal something from them. After Mr. Black had executed the writing, deponent asked Mr. Black if he had any unfriendly feelings towards the deponent, and if he [the deponent] had not treated him genteelly. He answered in the affirmative. Deponent then took leave of said Black and repaired to the house of Lyman Wight. The next day he returned to Far West, and further this deponent saith not.
Joseph Smith, Jun.
Sworn to and subscribed this fifth day of September, A. D. 1838.
Elias Higbee, J. C. C. C.
Judge King at Far West.