Tuesday, 13.—We were placed at the bar, Austin A. King presiding, and Thomas C. Burch, the state's attorney. Witnesses were called and sworn at the point of the bayonet.
The Villainy of Avard.
Dr. Sampson Avard was the first brought before the court. He had previously told Mr. Oliver Olney that if he [Olney] wished to save himself, he must swear hard against the heads of the Church, as they were the ones the court wanted to criminate; and if he could swear hard against them, they would not (that is, neither court nor mob) disturb him. "I intend to do it," said he, "in order to escape, for if I do not, they will take my life."
This introduction is sufficient to show the character of his testimony, and he swore just according to the statement he had made, doubtless thinking it a wise course to ingratiate himself into the good graces of the mob.
List of Witnesses against the Saints.
The following witnesses were examined in behalf of the state, many of whom, if we may judge from their testimony, swore upon the same principle as Avard, they were: Wyatt Cravens, Nehemiah Odle, Captain Samuel Bogart, Morris Phelps, John Corrill, Robert Snodgrass, George Walton, George M. Hinkle, James C. Owens, Nathaniel Carr, Abner Scovil, John Cleminson, Reed Peck, James C. Owens (re-examined), William Splawn, Thomas M. Odle, John Raglin, Allen Rathbun, Jeremiah Myers, Andrew J. Job, Freeburn H. Gardner, Burr Riggs, Elisha Camron, Charles Bleckley, James Cobb, Jesse Kelly, Addison Price, Samuel Kimball, William W. Phelps, John Whitmer, James B. Turner, George W. Worthington, Joseph H. McGee, John Lockhart, Porter Yale, Benjamin Slade, Ezra Williams, Addison Green, John Taylor, Timothy Lewis, and Patrich Lynch.
Sunday, 18.—While our suit was going forward General Wilson gave the following permit, in Daviess county:
Permit.
I permit the following persons, as a committee on the part of the Mormons, to pass and re-pass in and through the county of Daviess during the winter, to-wit.: William Huntington, John Reed, Benjamin S. Wilbur, Mayhew Hillman, Z. Wilson, E. B. Gaylord, Henry Herriman, Daniel Stanton, Oliver Snow, William Earl, Jonathan H. Hale, Henry Humphrey—upon all lawful business.
R. Wilson, Brig.-Gen. Commanding.
By F. G. Cocknu, Aid.
November 18, 1838.
Treatment of Witnesses for the Defense.
We were called upon for our witnesses, and we gave the names of some forty or fifty. Captain Bogart was despatched with a company of militia to procure them. He arrested all he could find, thrust them into prison, and we were not allowed to see them.