As these men all saw the Prophet soon afterward, and as he lived more than five years from that time, they either broke their oath or endured a long fast.
Before Brigham Young was driven out of Missouri into Illinois he went with Elders Heber C. Kimball and George A. Smith to see the Prophet in prison. Joseph enjoyed two visits with them; and when they left him they were much affected and were determined to do something further for his release. In the latter part of March, Elders Heber C. Kimball and Theodore Turley, carrying with them the papers in the case, went to see the Governor. As Boggs was absent from the capital the secretary of state reviewed the documents; and he was amazed that any man should be held in custody upon such papers, for they were in every sense illegal, insufficient and absurd. However, nothing was done from the executive office to relieve them; and Elders Kimball and Turley then applied to the supreme court judges for a writ of habeas corpus but without avail. When these devoted men returned to Liberty and reported the failure of their mission, the Prophet bade them be of good cheer and said:
We shall be delivered; but no arm but that of God can save us now. Tell the brethren to be of good cheer and to get the Saints away from Missouri as soon as possible.
On Saturday, the 6th day of April, 1839, Judge King ordered the Prophet and his fellow-prisoners off to Gallatin, Daviess County. This judicial autocrat feared a change of venue or some movement from a superior tribunal to secure the release of the prisoners or their removal from his personal power, and he determined to carry them away from Liberty. He sent them under a guard of ten men, promising the brethren that they should be permitted to go through Far West to see their friends, as that place was directly on their route. Instead, however, of fulfilling his promise, the guards carried the captives eighteen miles out of the direct course to avoid the city, dragging them through a dangerous country, apparently in the hope that some of their sworn enemies would fall upon and massacre them.
The journey to Gallatin was very painful, for Joseph and his brethren had been greatly enfeebled by their long confinement and the privations which they had endured while enchained in Liberty dungeon. Before they had started on this journey, some of the captive brethren had desired to have a party of friends to accompany them for protection. But as they never did anything without asking the Prophet, they consulted him upon this point. He responded:
In the name of the Lord, if we put our trust in Him alone we shall be saved and no harm shall befall us, and we shall be better treated than ever before since we have been prisoners.
Although this surprised the brethren, it satisfied them. But when they arrived at the place where the court was to be held at Gallatin, they began to think the Prophet had been mistaken for once, for the rabble rushed out upon them shrieking, "Kill them; ———— ———— them, kill them!" There was apparently no chance for escape except to fight, and they were unarmed. At this instant the Prophet rose to his feet and said:
We are in your hands; if we are guilty, we do not refuse to be punished by the law.
Some of the bitterest mobocrats hearing these words and being impressed by the power with which they were uttered, warned the blood-thirsty rabble back and quieted the storm. During the time of their stay in Gallatin the Prophet's promise was fulfilled; for they enjoyed all the comforts and some of the luxuries of life, tendered them by men who sympathized with their long-suffering and patient endurance. The day after their arrival at Gallatin, an examination of their case commenced before a drunken jury. Austin A. King, who acted here as the presiding judge, was as drunk as the jurymen. The same perjured testimony was invoked at this time as on previous occasions. Everything which was prejudicial to the prisoners, even when it was a patent falsehood, and even when, if true, it could have had no relevancy to the case, was eagerly seized and applauded. Stephen Markham desired to testify to some facts which were favorable to the defendants. He had reached Gallatin on the afternoon of the 9th, having hastened from Far West, swimming several streams by the way, to bring money and comfort to the Prophet and his companions. At his request his testimony was received. It did not suit the mobocratic guards, and they attempted to kill him. The notorious Colonel William P. Peniston was one of their number. Judge King and all the members of the grand jury saw the attack upon Markham, and the threats against his life, but they took no cognizance of these outrages.
On the 11th of April, 1839, the grand jury brought in a bill against Joseph Smith, Hyrum Smith, Alexander McRae, Caleb Baldwin and Lyman Wight for "murder, treason, burglary, arson, larceny, theft and stealing." All of these counts were embodied in one indictment, and not one of them was sustained by any specific statement of circumstances. The language of the bill proves that the grand jury, like General Clark, had failed to find a definite charge which they could substantiate, and so included everything which they could think of. That night Elder Markham stayed with the brethren and while he slept a vision came to Joseph, showing him that his beloved Brother Markham was in peril of his life, at the same time showing him that his own deliverance and that of his captive companions, was nigh. The Prophet aroused Stephen and told him to hasten away from Gallatin, because if he waited until broad day—according to his expectation for the purpose of meeting the lawyers—he would be waylaid by a mob which intended to assassinate him. Stephen knew that the warning was from the Lord and he fled, thereby baffling the mobocrats who, as shown to Joseph in the vision, had really made their plot to kill Stephen. After he was gone, an armed party pursued him a long distance on the road to Far West; but they were unable to overtake him.