* Corrill, Avard, Hinckle, Marsh, and others were formally
excommunicated at a council held at Quincy, Illinois, on March 17, 1839,
over which Brigham Young presided.
John Clemison testified to the presence of Smith at the early meetings of the Danites; that Rigdon and Smith had advised that those who were backward in joining his fighting force should be placed in the front ranks at the point of pitchforks; that a great deal of Gentile property was brought into Mormon camps, and that "it was frequently observed among the troops that the time had come when the riches of the Gentiles should be consecrated to the state."
W. W. Phelps testified that in the previous April he had heard Rigdon say, at a meeting in Far West, that they had borne persecution and lawsuits long enough, and that, if a sheriff came with writs against them, they would kill him, and that Smith approved his words. Phelps said that the character of Rigdon's "salt sermon" was known and discussed in advance of its delivery.
John Whitmer testified that, soon after the preaching of the "salt sermon," a leading Mormon told him that they did not intend to regard any longer "the niceties of the law of the land," as "the kingdom spoken of by the Prophet Daniel had been set up."
The testimony concerning the Danite organization and Smith's threats against the Missourians received confirmation in an affidavit by no less a person than Thomas B. Marsh, the First President of the twelve Apostles, before a justice of the peace in Ray County, in October, 1838. In this Marsh said:—
"The plan of said Smith, the Prophet, is to take this state; and he professes to his people to intend taking the United States and ultimately the whole world. The Prophet inculcates the notion, and it is believed by every true Mormon, that Smith's prophecies are superior to the law of the land. I have heard the Prophet say that he would yet tread down his enemies, and walk over their dead bodies; that, if he was not let alone, he would be a second Mohammed to this generation, and that he would make it one gore of blood from the Rocky Mountains to the Atlantic Ocean."
This affidavit was accompanied by an affidavit by Orson Hyde, who was afterward so prominent in the councils of the church, stating that he knew most of Marsh's statements to be true, and believed the others to be true also.
Of the witnesses for the defence, two women and one man gave testimony to establish an alibi for Lyman Wight at the time of the last Mormon expedition to Daviess County; Rigdon's daughter Nancy testified that she had heard Avard say that he would swear to a lie to accomplish an object; and J. W. Barlow gave testimony to show that Smith and Rigdon were not with the men who took part in the battle on Crooked Creek.
Rigdon, in an "Appeal to the American People," which he wrote soon after, declared that this trial was a compound between an inquisition and a criminal court, and that the testimony of Avard was given to save his own life. "A part of an armed body of men," he says, "stood in the presence of the court to see that the witnesses swore right, and another part was scouring the country to drive out of it every witness they could hear of whose testimony would be favorable to the defendants. If a witness did not swear to please the court, he or she would be threatened to be cast into prison.... A man by the name of Allen began to tell the story of Bogart's burning houses in the south part of Caldwell; he was kicked out of the house, and three men put after him with loaded guns, and he hardly escaped with his life. Finally, our lawyers, General Doniphan and Amos Rees, told us not to bring our witnesses there at all, for if we did, there would not be one of them left for the final trial.... As to making any impression on King, if a cohort of angels were to come down and declare we were clear, Doniphan said it would be all the same, for he had determined from the beginning to cast us into prison." Smith alleged that judge King was biased against them because his brother-in-law had been killed during the early conflicts in Jackson County.
Several of the defendants were discharged during or after the close of the hearing. Smith, Rigdon, Lyman Wight, and three others were ordered committed to the Clay County jail at Liberty on a charge of treason; Parley P. Pratt and four others to the Ray County jail on a charge of murder; and twenty-three others were ordered to give bail on a charge of arson, burglary, robbery, and larceny, and all but eight of these were locked up in default of bail. The prisoners confined at Liberty secured a writ of habeas corpus soon after, but only Rigdon was ordered released, and he thought it best for his safety to go back to the jail. He afterward, with the connivance of the sheriff and jailer, made his escape at night, and reached Quincy, Illinois, in February, 1839.