Said he, "You were taken to be tried." "Tried by what authority?" said I. "By court-martial," replied he. "By court-martial?" said I. "Yes," said he. "How," said I, "can men who are not military men, but ministers of the Gospel, be tried by court-martial in this country, where every man has a right to be tried by a jury?" He replied, it was according to the treaty with General Lucas, on the part of the state of Missouri, and Colonel Hinkle, the commanding officer of the fortress of Far West, on the part of the "Mormons," and in accordance with the governor's order. "And," said he, "I approve of all that Lucas has done, and am determined to see it fulfilled." Said I, "Colonel Hinkle was but a colonel of the Caldwell county militia, and commissioned by the governor, and the 'Mormons' had no fortress, but were, in common with others, citizens of Missouri; and therefore we recognize no authority in Colonel Hinkle to sell our liberties or make treaties for us."
Several days afterwards, General Clark again entered our prison, and said he had concluded to deliver us over to the civil authorities. Accordingly, we were soon brought before Austin A. King, judge of the Fifth Judicial Circuit, where an examination was commenced, and witnesses sworn, at the point of the bayonet, and threatened on pain of death, if they did not swear to that which would suit the court.
During this examination, I heard Judge King ask one of the witnesses, who was a "Mormon," if he and his friends intended to live on their lands any longer than April, and to plant crops? Witness replied, "Why not?" The judge replied, "If you once think to plant crops or to occupy your lands any longer than the first of April, the citizens will be upon you; they will kill you every one—men, women and children, and leave you to manure the ground without a burial. They have been mercifully withheld from doing this on the present occasion, but will not be restrained for the future."
On examining a "Mormon" witness, for the purpose of substantiating the charge of treason against Mr. Joseph Smith, he questioned him concerning our religious faith:—1st. Do the Mormons send missionaries to foreign nations? The witness answered in the affirmative. 2nd. Do the Mormons believe in a certain passage in the Book of Daniel (naming the passage) which reads as follows:—"And the kingdom and dominion, and the greatness of the kingdom under the whole heaven, shall be given to the people of the Saints of the Most High, whose kingdom is an everlasting kingdom, and all dominions shall serve and obey him?" (Dan. 7:27.) On being answered in the affirmative, the judge ordered the scribe to put it down as a strong point for treason; but this was too much for even a Missouri lawyer to bear. He remonstrated against such a course of procedure, but in vain. Said he, "Judge, you had better make the Bible treason."
After an examination of this kind for many days, some were set at liberty, others [were] admitted to bail, and themselves and [those who went their] bail [were] expelled from the state forthwith, with the rest of the "Mormon" citizens, and Joseph Smith, Hyrum Smith, Sidney Rigdon, Lyman Wight, and others, were committed to the Clay county jail for further trial. Two or three others and myself were put into the jail at Ray county for the same purpose.
The "Mormon" people now began to leave the state, agreeably to the exterminating order of Governor Boggs. Ten or twelve thousand left the state during the winter, and fled to the state of Illinois.
A small number of the widows and the poor, together with my family and some of the friends of the other prisoners, still lingered in Far West, when a small band of armed men entered the town and committed many depredations and threatened life; and swore that if my wife and children, and others whom they named, were not out of the state in so many days, they would kill them, as the time now drew near for the completion of the exterminating order of Governor Boggs.
Accordingly, my wife and children and others left the state as best they could, wandered to the state of Illinois, there to get a living among strangers, without a husband, father or protector. Myself and party still remained in prison, after all the other "Mormons" had left the state; and even Mr. Smith and his party had escaped.
In June, by change of venue, we were removed from Ray county to Columbia, Boone county, upwards of one hundred miles towards the state of Illinois; and by our request a special court was called for final trial. But notwithstanding we were removed more than one hundred miles from the scenes of the depredations of the mob, yet such was the fact, that neither our friends nor witnesses dare come into that state to attend our trial, as they had been banished from the state by the governor's order of extermination, executed to the very letter by the principal officers of the state, civil and military.
On these grounds, and having had all these opportunities to know, I testify that neither Mr. Smith nor any other "Mormon" has the least prospect for justice, or to receive a fair and impartial trial in the state of Missouri.