We felt very much distressed and oppressed at that time. Colonel Wight said, "What shall we do? Our witnesses are all thrust into prison, and probably will be; and we have no power to do anything. Of course, we must submit to this tyranny and oppression: we cannot help ourselves."
Several others made similar expressions in the agony of their souls; but my brother Joseph did not say anything, he being sick at that time with the toothache and pain in his face, in consequence of a severe cold brought on by being exposed to the severity of the weather.
However, it was considered best by General Doniphan and lawyer Rees that we should try to get some witnesses before the pretended court.
Accordingly, I gave the names of about twenty other persons. The Judge inserted them in a subpoena, and caused it to be placed into the hands of Bogart, the Methodist priest; and he again started off with his fifty soldiers to take those men prisoners, as he had done the forty others.
The Judge sat and laughed at the good opportunity of getting the names, that they might the more easily capture them, and so bring them down to be thrust into prison, in order to prevent us from getting the truth before the pretended court, of which he was the chief inquisitor or conspirator. Bogart returned from his second expedition with one witness only, whom he also thrust into prison.
The people at Far West had learned the intrigue, and had left the state, having been made acquainted with the treatment of the former witnesses.
But we, on learning that we could not obtain witnesses, whilst privately consulting with each other what we should do, discovered a Mr. Allen standing by the window on the outside of the house. We beckoned to him as though we would have him come in. He immediately came in.
At that time Judge King retorted upon us again, saying, "Gentlemen, are you not going to introduce some witnesses?"—also saying it was the last day he should hold court open for us; and that if we did not rebutt the testimony that had been given against us, he should have to commit us to jail.
I had then got Mr. Allen into the house and before the court (so called). I told the Judge we had one witness, if he would be so good as to put him under oath. He seemed unwilling to do so; but after a few moments consultation, the State's Attorney arose and said he should object to that witness being sworn, and that he should object to that witness giving in his evidence at all, stating that this was not a court to try the case, but only a court of investigation on the part of the state.
Upon this, General Doniphan arose and said, "He would be —— —— if the witness should not be sworn, and that it was a damned shame that these defendants should be treated in this manner,—that they could not be permitted to get one witness before the court, whilst all their witnesses, even forty at a time, have been taken by force of arms and thrust into that damned 'bull pen,' in order to prevent them from giving their testimony."