Prisoners Discharged and Retained.
The remaining prisoners were all released or admitted to bail, except Lyman Wight, Caleb Baldwin, Hyrum Smith, Alexander McRae, Sidney Rigdon, and myself, who were sent to Liberty, Clay county, to jail, to stand our trial for treason and murder. Our treason consisted of having whipped the mob out of Daviess county, and taking their cannon from them; the murder, of killing the man in the Bogart battle; also Parley P. Pratt, Morris Phelps, Luman Gibbs, Darwin Chase, and Norman Shearer, who were put into Richmond jail to stand their trial for the same "crimes."
Legal Advice to Cease Defense.
During the investigation we were confined in chains and received much abuse. The matter of driving away witnesses or casting them into prison, or chasing them out of the county, was carried to such length that our lawyers, General Doniphan and Amos Rees, told us not to bring our witnesses there at all; for if we did, there would not be one of them left for final trial; for no sooner would Bogart and his men know who they were, than they would put them out of the country.
As to making any impression on King, Doniphan said, if a cohort of angels were to come down, and declare we were innocent, it would all be the same; for he (King) had determined from the beginning to cast us into prison. We never got the privilege of introducing our witnesses at all; if we had, we could have disproved all the evidence of our enemies.
M. Arthur, Esq., to the Representatives from Clay County.
Liberty, November 29, 1838.
Respected Friends:—Humanity to an injured people prompts me at present to address you thus: You were aware of the treatment (to some extent before you left home) received by that unfortunate race of beings called the Mormons, from Daviess, in the form of human beings inhabiting Daviess, Livingston, and part of Ray counties; not being satisfied with the relinquishment of all their rights as citizens and human beings, in the treaty forced upon them by General Lucas, by giving up their arms, and throwing themselves upon the mercy of the state, and their fellow citizens generally, hoping thereby protection of their lives and property, they are now receiving treatment from those demons, that makes humanity shudder, and the cold chills run over any man, not entirely destitute of the feelings of humanity. These demons are now constantly strolling up and down Caldwell county, in small companies armed, insulting the women in any way and every way, and plundering the poor devils of all the means of subsistence (scanty as it was) left them, and driving off their horses, cattle, hogs, etc., and rifling their houses and farms of everything therein, taking beds, bedding, wardrobes, robes, and such things as they see they want, leaving the poor Mormons in a starving and naked condition.
These are facts I have from authority that cannot be questioned, and can be maintained and substantiated at any time. There is now a petition afloat in our town, signed by the citizens of all parties and grades, which will be sent you in a few days, praying the legislature to make some speedy enactment applicable to their case. They are entirely willing to leave our state, so soon as this inclement season is over; and a number have already left, and are leaving daily, scattering themselves to the four winds of the earth.
Now, sirs, I do not want by any means to dictate to you the course to be pursued, but one fact I will merely suggest. I this day was conversing with Mr. George M. Pryer, who is just from Far West, relating the outrages there committed daily. I suggested to him the propriety of the legislature's placing a guard to patrol on the lines of Caldwell county, say, of about twenty-five men, and give them, say, about one dollar or one and a half per day, each man, and find their provisions, etc., until, say, the first day of June next; these men rendering that protection necessary to the Mormons, and allowing them to follow and bring to justice any individuals who have heretofore or will hereafter be guilty of plundering or any violation of the laws. I would suggest that George M. Pryer be appointed captain of said guard, and that he be allowed to raise his own men, if he is willing thus to act. He is a man of correct habits, and will do justice to all sides, and render due satisfaction.
Should this course not be approved of, I would recommend the restoration of their [the Mormons'] arms for their own protection. One or the other of these suggestions is certainly due the Mormons from the state. She has now their leaders prisoners, to the number of fifty or sixty, and I apprehend no danger from the remainder in any way until they will leave the state.
M. Arthur.
Mr. Arthur is not a "Mormon," but a friend of man.
Attested Copy of the Mittimus under which Joseph Smith, Jun., and Others, were sent from Judge King to the Jailer of Liberty Prison, in Clay County, Missouri.
State Of Missouri,
Clay County.
To the Keeper of the Jail of Clay County:
Greeting:—Whereas, Joseph Smith, Jun., Hyrum Smith, Lyman Wight, Alexander McRae, and Caleb Baldwin, as also Sidney Rigdon, have been brought before me, Austin A. King, judge of the fifth judicial circuit in the state of Missouri, and charged with the offense of treason against the state of Missouri, and the said defendants, on their examination before me, being held to answer further to said charge, the said Joseph Smith, Jun., Hyrum Smith, Lyman Wight, Alexander McRae, and Caleb Baldwin, to answer in the county of Daviess, and the said Sidney Rigdon to answer further in the county of Caldwell, for said charge of treason, and there being no jail in said counties; these are therefore to command that you receive the said Joseph Smith, Jun., Hyrum Smith, Lyman Wight, Alexander McRae, Caleb Baldwin, and Sidney Rigdon into your custody in the jail of the said county of Clay, there to remain until they be delivered therefrom by due course of law.
Given under my hand and seal the 29th day of November, 1838.
Austin A. King.
State of Missouri, County of Clay.
I, Samuel Hadley, sheriff of Clay county, do hereby certify that the above is a true copy of the mittimus to me, directed in the cases therein named.
Samuel Hadley, Jailer.
By Samuel Tillery, Deputy Jailer.
Clay County, Missouri.
In Liberty Prison.
Friday, 30.—About this time those of us who had been sentenced thereto, were conveyed to Liberty jail, put in close confinement, and all communication with our friends cut off.