Then the trial began. They placed on the witness stand a native named Tania, who had been admitted recently to the Catholic church. He had been posted in what he should say, but seemingly had some pangs of conscience, for when he stood up he turned his eyes toward me, then to the court, and back to me, and answered the questions in a hesitating way, his confusion being so great that the governer, through the interpreter, ordered me not to look at the witness, as he said my countenance was so fierce and vivid as to baffle the most substantial witness. I was not permitted to ask a question, not even to cross-examine the witness.
The next testimony came from a man who had been brought to Papeete a prisoner, but who had been discharged without the formality of a hearing, evidently that they might have him for a witness against me. Both he and the preceding witness were put on the stand without being sworn. Not a single spectator was permitted to be present, so I concluded that if it was a court at all that was trying me it was a military court martial.
When I saw how onesidedly things were going, I arose and asked the court what right it had to try me with closed doors, not even allowing me the opportunity to defend myself. I told them I was an American citizen, and claimed my rights as such under existing treaties and international laws. I quoted law that I had never read or heard mentioned, for it was given to me of the Lord in the hour that I had need. I can never forget the expression on the faces of those officers. Not one of them would look me in the eye. As I spoke, every face was turned downward. At the conclusion of my remarks I was marched back to the filthy cell, without another word being said.
About this time Mr. W. H. Kelly, the American consul, called on the governor, and on making inquiries about me and my alleged crime and arrest, was told that I was a very dangerous man, a man learned in treaties and international laws. "Why," said the governor to Mr. Kelly, "he can quote more of them than my officers, and he has great power and influence with the native people. He is undoubtedly a military man of no mean ability. For these reasons he cannot be permitted to take up his residence as a minister under the French protectorate." I learned the foregoing from Mr. W. H. Kelly, who told me that he had to sign bonds to the amount of fifty thousand francs, and that sum would be forfeited if I did not leave the protectorate by the first vessel sailing from port, or if I was known to preach another discourse under the French government.
That evening Elder T. Whitaker called at my cell with two pies for me. We were allowed to speak but few words to each other. When the prison door had been locked again, I wrote to Elder B. F. Grouard, who, as I learned from Brother Whitaker, had arrived in port. November 11th, my old friend Pahe called with a basket of fruit, which was admitted, but the giver was permitted to say scarcely a word.
I had a call on the 12th from Elders S. A. Dunn and Julian Moses. Their short visit gave me much satisfaction, as they brought news from home. On the 13th Elder Grouard and some other friends called with some food, but they were not admitted, the food being passed in to me by a murderer.
On November 14th I was called before the governor's aide de camp, who said, "I suppose you have heard the decision of the governor and his council?" I told him no. He then said, "They have decided that you must leave the protectorate by the first vessel sailing from port, or you will be detained until you are willing to comply with that decision." I asked if they intended to send me away without a fair trial. He said yes; that the governor had it in his power to send out anyone that raised a disturbance in the country. I asked him to show that I had raised a disturbance. He said, "It does not need proof, for the Mormon missionaries have caused the government a great deal of trouble, and the decision is that you must go by the first vessel leaving port, or remain in prison till you agree to do so." With this, I was satisfied that there was no redress for the wrong that was being done me.
I was then marched back to the cell, where I received a letter from W. H. Kelly, the American consul. It read as follows:
"CONSULATE OF THE UNITED STATES, TAHITI,
November 14, 1851.
"Mr. James Brown: