If tried at all, they must be tried by authorities who have trampled all law under their feet, and who have assisted in committing murder, robbery, treason, arson, rape, burglary and felony, and who have made a law of banishment, contrary to the laws of all nations, and executed this barbarous law with the utmost rigor and severity.
Therefore, Mr. Smith, and the "Mormons" generally, having suffered without regard to law, having been expelled from the state, Missouri has no further claims whatever upon any of them.
I furthermore testify that the authorities of other states who would assist Missouri to wreak further vengeance upon any individual of the persecuted "Mormons," are either ignorantly or willfully aiding and abetting in all these crimes.
Cross-examined he stated that he was very intimate with Mr. Smith all the time he resided in the state of Missouri, and was with him almost daily; and that he knows positively that Mr. Smith held no office, either civil or military, either real or pretended, in that state; and that he never bore arms or did military duty, not even in self-defense; but that he was a peaceable, law-abiding and faithful citizen, and a preacher of the Gospel, and exhorted all the citizens to be peaceable, long-suffering and slow to act even in self-defense.
He further stated that there was no fortress in Far West, but a temporary fence made of rails, house logs, floor planks, wagons, carts, etc., hastily thrown together, after being told by General Lucas that they were to be massacred the following morning, and the town burnt to ashes, without giving any information by what authority. And he further states that he only escaped himself from that state by walking out of the jail when the door was open to put in food, and came out in obedience to the governor's order of banishment, and to fulfill the same.
Parley P. Pratt.
III.
Testimony of George W. Pitkin
George W. Pitkin sworn. Says that he concurs with the preceding witnesses, Hyrum Smith and Parley P. Pratt, in all the facts with which he is acquainted; that in the summer of 1838 he was elected Sheriff of the county of Caldwell and State of Missouri. That in the fall of the same year, while the county was threatened and infested with mobs, he received an order from Judge Higbee, the presiding Judge of said county, to call out the Militia, and he executed the same.
The said order was presented by Joseph Smith, Sen., who showed the witness a letter from General Atchison, giving such advice as was necessary for the protection of the citizens of said county. Reports of the mobs destroying property were daily received. Has no knowledge that Joseph Smith was concerned in organizing or commanding said Militia in any capacity whatever.