“Nothing unusual took place during the services. After the congregation was dismissed, I came out of the house and went where my horse was hitched. There I was pursued by Charles Perkins, with pistols buckled on him, and he told me that he was authorized to arrest me. I asked him for what? He then presented me a paper, which I read, which stated in substance, if not verbatim, that, upon information furnished by Andrew Cleavinger, Joseph Warder and James Duval had, on this 3d day of November, 1865, preached at New Garden meeting house without first having taken the oath of loyalty.
“Upon this charge Charles Perkins was commanded to forthwith arrest the said Joseph Warder and James Duval, and bring them before Hiram Enlow, a Justice of the Peace, to answer the aforesaid charges. And this you shall in no wise omit, &c., &c. Signed, Hiram Enlow, J. P.
“Elder Warder was not present, notwithstanding the aforesaid affidavit. I was taken in custody by the said Charles Perkins, who was deputized for the purpose, Allan Sisk, the legal constable of the township, refusing to serve this process.
“So I was held in custody by Charles Perkins, and that evening taken before his honor, Hiram Enlow, J. P., and there bound in a bond of one thousand dollars to again appear before said Enlow on the 17th inst. John Welton was my security for my appearance. I was then released for the present, and went on to Little Shoal, Clay county, to attend my regular appointments.
“While in the ’Squire’s custody, I asked him if he believed in the Christian religion? He said he did, and that he liked to hear the gospel preached. I then asked him if he went to New Garden to-day to hear the gospel preached? He made no reply.
“On the 17th of November I again appeared before his honor, Hiram Enlow, J. P. Several neighbors and friends were now present.
“B. J. Waters, the present Radical representative from Ray county, was present, acting as prosecuting attorney. When called up for trial, I asked leave to examine the papers, and found they were not the same papers on which I was arrested, and told them so. Elder Warder’s name was not on these papers at all. The ’Squire told me that I must answer to the charges on the papers before me. I told the ’Squire that this was all a new business to me, and I did not know exactly how to proceed. I asked him what provisions the law made for me under these circumstances? He told me I could swear that I could not get justice in his court; and that I could appeal to the Circuit Court. I told him that was the thing exactly. I appealed to the Circuit Court. B. J. Waters then asked him for what amount he should take the bond. I replied to him, ‘Sir, remember you are not bonding a felon.’ The ’Squire said, fill the bond for two thousand dollars. John Cleavinger and John Welton entered as bondsmen for my appearance at the next Circuit Court, the first Monday in March following, where I again appeared.
“At Court I met Elder Isaac Odell and Allan Sisk, regular Baptist ministers; Rev. Samuel Alexander, D. M. Proctor and Dr. Moses F. Rainwater, Methodist ministers, and Rev. Hardy Holman, Kellyite Methodist—all charged with violating the law, because we could not, and would not, allow them to be conscience keepers for us, in taking an oath that made us bow to their god. By so doing we would acknowledge that men have rights over their fellow-men to make them worship God after a prescribed form of law. We read that ‘God is a Spirit; and they that worship him must worship him in spirit and in truth.’—John iv, 24.
“After the convention oath came in force, prohibiting ministers from solemnizing marriages, I acknowledged their right to prohibit in this case; so I did not, while the law was in force, attempt to marry any one. But preaching the gospel to sinners was another thing. Christ said, ‘My kingdom is not of this world;’ therefore men are not authorized to make laws to govern his kingdom. Christ has given us all necessary laws to govern his kingdom. Let all his followers obey them.
“At the March term of the Court we had no trial, but were all severally bound again to appear at the next term of the Court; Jacob Seek vouching for me in this case in the sum of four hundred dollars. Judge Walter King presiding.