Arrest of Joseph Smith and Lyman Wight
Based on these falsehoods of Peniston, Black, et al., charges were preferred against Joseph Smith and Lyman Wight. At first they objected to being tried in Daviess County, where the writ was issued, because of the enmity of the citizens there. After consulting with their attorneys, Atchison and Doniphan, they volunteered to be tried in Daviess County, before Judge Austin A. King. When the trial was held, Adam Black was the only witness who appeared against them, and William P. Peniston was the prosecutor. Several witnesses, both non-members and members of the Church, testified in their defense. However, the judge, who manifested a bitter spirit, bound them over in the sum of five hundred dollars. At the close of the trial he admitted to some of the witnesses that there was no evidence to warrant his action, but the people demanded it.
Proclamation of Governor Boggs
These rumors and false affidavits reached the governor, as their authors intended they should. On the pretext that the “Mormons” had entered into an alliance with the Indians and were in rebellion, Governor Boggs issued an order, through Adjutant General B. M. Lisle, to General Atchison and six other commanders of the militia, that as a “precautionary measure,” an effective force of the militia be held in readiness to meet either contingency (i.e., the rising of the Indians or the “Mormons”). This force was to consist of four hundred men from each of seven divisions, mounted, armed, and equipped as infantry or riflemen, and formed into companies according to law, thus making a force of 2,800 men.
During all this excitement armed forces of the mob were collecting at various points and making threats against the Saints. Under the direction of the civil authorities, some of the brethren who were members of the state militia, intercepted a wagon load of arms and ammunition on the way to a camp of mobbers. These brethren from Far West took the guns and supplies, arrested three men who appeared to be in charge, and carried them to Far West. Here the men were examined before Albert Petty, justice of the peace, and held in bail to appear at the next term of the circuit court. Judge King was informed of the action taken and he replied that the prisoners should be turned loose and treated kindly. What disposition to make of the guns he did not seem to know, but said they belonged to the militia. Because of this statement, the brethren kept the guns and distributed them; but later, on the order of General Doniphan, they were gathered and delivered up to him.
Austin’s Mob Force at Diahman
False accusations continued to spread and great excitement was manifest on every hand. The militia, according to the order of Governor Boggs, was mustered into service. In their ranks were many of the most bitter enemies of the Saints. Near Diahman a large mob force had gathered under the command of Dr. Austin, armed and in a threatening mood. General Doniphan, with an equal force of militia ordered them to disperse. They claimed that they had gathered in self defense, yet they were besieging the small settlement of “Mormons” at Diahman. Lyman Wight, who was a colonel in the state militia, had gathered such force as he could to protect the Saints. At the request of Doniphan he showed a willingness to disperse, but demanded that the force under Austin do the same. This, however, the force under Austin refused to do. General Doniphan took up a position between the mob and the people at Diahman, hoping that in a few days they would all disband.
Siege of De Witt
When Austin saw that his purpose to destroy Diahman was foiled he moved his force to De Witt, in Carroll County, with the determination of expelling the “Mormons” from that place. The citizens here attempted to defend themselves the best they could, and Austin thereupon laid siege to the town, firing upon the inhabitants from time to time, and threatening their extermination or removal from the state. In the meantime both Atchison and Doniphan, as well as a committee of citizens from Chariton County, who had come to investigate the situation, reported to the governor that the “Mormons” were very much alarmed and entirely on the defensive in this unequal conflict. General Atchison writing to the governor said: “Things are not so bad in that county as represented by rumor, and in fact, from affidavits I have no doubt your Excellency has been deceived by the exaggerated statements of designing or half crazy men. I have found there is no cause of alarm on account of the ‘Mormons;’ they are not to be feared; they are very much alarmed.” When the governor received these reports he seemed very much elated, and replied: “The quarrel is between the ‘Mormons’ and the mob, and they can fight it out.” Nevertheless, when he discovered that the “Mormons” were determined to fight it out and maintain their legal and constitutional rights against such overwhelming odds, he was much incensed, which later events will show.