Monday, 10.—This day the prisoners taken by Captain Allred on Sunday, viz., John B. Comer, William L. McHoney, and Allen Miller, were brought before Albert Petty, justice of the peace, for examination. The prisoners asked for bail, to allow time to get counsel. The law allowed no bail, but the court adjourned till Wednesday to give time to the prisoners to get counsel.
After the arrest the facts were communicated to Judge King by letter, under date of Richmond, September 10th, asking his advice how to dispose of the guns and prisoners.
Advice from Judge King.
Judge King advised by letter to turn the prisoners loose, and let them receive kind treatment; that the guns were government property, in the care of Captain Pollard of his vicinity, but whether they went by his authority or permission he could not say, he was at a loss to give any advice about them; but said that they should not, through any agency of his, be taken from us to be converted and used for illegal purposes. The letter was signed by A. A. King (directed to Messrs. Smith and Rigdon).
Judge King's Apparent Double Dealing.
Under the same date Judge King advised General Atchison "to send two hundred or more men, and dispel the forces in Daviess county and all the assembled armed forces in Caldwell, and cause those 'Mormons' who refuse to give up, to surrender, and be recognized, for it will not do to compromise the law with them." What compromise need there be, Judge King, for no "Mormons" had refused to surrender to the requisitions of the law? It is mob violence, alone, that the "Mormons" are contending against.
A petition was this day made out by the citizens of Ray county, directed to General Atchison, asking him to call out the militia to suppress the insurrection in Caldwell and Daviess counties, and save the effusion of blood, which must speedily take place unless prevented. Signed by Jesse Coates and twenty-eight others.
The Trial of Allred's Prisoners.
Wednesday, 12.—This day the prisoners, [Allred's] John B. Comer and his comrades, were put upon trial. It was proven to the court that the guns were taken by one of the prisoners and that he with the others were taking them to Daviess county to arm the mob. It was also proved that the mob was collecting for the purpose of driving the Saints from their homes. The prisoners were held to bail for their appearance at the circuit court, Comer as principal, the others were merely in his service.