Monday, November 12, 1838, Judge King sent out armed men to obtain witnesses, some of whom came and testified willingly to falsehoods; others came reluctantly. Among the witnesses who testified against the brethren were: Dr. Sampson Avard, originator of the “Danites,” who, later, was excommunicated from the Church for the offense; John Corrill, George M. Hinkle, Reed Peck, John Cleminson, Burr Riggs, William W. Phelps, John Whitmer, and others who formerly belonged to the Church. The testimony of the prosecution continued until the 18th. Then the court called for witnesses for the defense; forty or more names were given, and the Reverend-Captain Rogart was dispatched with a company of militia to get them. He got them and brought them, not to the court, but to prison, and confined them there. During the week, the judge taunted the brethren because no witnesses appeared in their defense. Other names were given, and the same reverend-captain was sent for them. He did not find many, for the witnesses, learning what had happened to their fellows, could not be found. The few he did discover he also brought and cast behind the bars. In this manner the mock trial proceeded from day to day. On the 24th, twenty-three of the defendants were released, and by the 28th all the others were acquitted or admitted to bail, excepting the following: Joseph Smith, Sidney Rigdon, Hyrum Smith, Lyman Wight, Caleb Baldwin and Alexander McRae, who were ordered to be taken to Liberty, Clay County, and there committed to stand trial on the various charges named; Parley P. Pratt, Morris Phelps, Luman Gibbs, Darwin Chase and Norman Shearer, who were taken to Richmond Jail, there also to await trial for the same “crimes.”

Nature of the Testimony

Some of the witnesses testified that the Church was a temporal kingdom, which would, according to the teachings of its leaders, eventually “fill the whole earth and subdue all other kingdoms.” The seventh chapter of Daniel was referred to several times. The brethren were asked by the judge if they believed in Daniel’s prophecy and when they answered in the affirmative, Judge King turning to his clerk said: “Write that down; it is a strong point for treason.” The defendants’ attorneys, Doniphan and Rees, protested saying, “Judge, you had better make the Bible treason.” These attorneys advised their clients not to make any defense or attempt to furnish other witnesses, for it was useless. Doniphan observed that if a cohort of angels were to come down, and declare the prisoners innocent, it would all be the same, for Judge King had determined from the beginning to cast them into prison.

Malinda Porter, Delia F. Pine, Nancy Rigdon, Jonathan W. Barlow, Thoret Parson, Ezra Chipman and Arza Judd, Jr., volunteered to testify for the defense, but were prevented from giving testimony favorable to the accused at the point of the bayonet.

November 29, 1838, Joseph Smith and fellow prisoners were committed to the keeping of the sheriff of Clay County, who took them to Liberty and cast them in prison. Parley P. Pratt and fellows were likewise retained in Richmond, and thus ended this “trial” before Judge King.

Notes

[1. ] This was a brother named Carey, who had been beaten over the head until his brains oozed out. He died shortly afterwards, having been exposed in that condition without shelter, all afternoon and night.

[2. ] Autobiography of Parley P. Pratt, p. 204.

[3. ] During these trying scenes, November 13, 1838, while Hyrum Smith, with the Prophet and the other prisoners, were incarcerated, Joseph Fielding Smith, who afterwards became President of the Church of Jesus Christ of Latter-day Saints, was born at Far West. When he was but a few days old, members of this mob-militia entered the home, ransacked it, and turned the bedding, on which the infant lay, upside down, smothering him until his life was apparently gone when he was discovered.

[4. ] Parley P. Pratt declared that General Wilson made the following statement: “It was repeatedly insinuated, by the other officers and troops, that we should hang you prisoners on the first tree we came to on the way to Independence. But I’ll be d‌—‌d if anybody shall hurt you. We just intend to exhibit you in Independence, and let the people look at you, and see what a d‌—‌d set of fine fellows you are. And, more particularly, to keep you from that old bigot of a general, Clark, and his troops, from down county, who are so stuffed with lies and prejudice, that they would shoot you down in a moment.”