History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page 1603
<​July 1​> of Habeas Corpus.
The following Witnesses were examined, viz. , [,] , , , and .
sworn.
Said that the defendant now in court is his brother, and that his name is not Joseph Smith Junior, but his name is Joseph Smith Senior, and has been for more than two years past. I have been acquainted with him ever since he was born, which was thirty-seven years in December last, and I have not been absent from him at any one time, not even the space of six months since his birth, to my recollection, and have been intimately acquainted with all his sayings, doings, business transactions and movements, as much as any one man could be acquainted with another man’s business up to the present time, and do know that he has not committed treason against any state in the Union, by any overt act, or by levying war, or by aiding, abetting, or assisting an enemy in any State in the Union, and that the said Joseph Smith Senior has not committed treason in the State of , nor violated any law or rule of said , I being personally acquainted with the transactions and doings of said Smith whilst he resided in said which was for about six months in the year 1838; I being also a resident in said during the same period of time, and I do know that said Joseph Smith Senior never was subject to Military duty in any State, neither was he in the State of , he being exempt by the amputation or extraction of a bone from his leg, and by having a license to preach the Gospel or being in other words a Minister of the Gospel, and I do know that said Smith never bore arms as a military man, in any capacity whatever, whilst in the State of , or previous to that time; neither has he given any orders or assumed any command in any capacity whatever; but I do know that whilst he was in the State of , that the people commonly called Mormons, were threatened with violence and extermination, and on or about the first [HC 3:404] Monday in August 1838, at the election in , the county seat in ; the citizens who were commonly called Mormons were forbidden to exercise the rights of franchise, and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place, and from that time a mob commenced gathering in that county threatening the extermination of the Mormons; the said Smith and myself upon hearing that mobs were collecting together, and that they had also murdered two of the citizens of the same place, and would not suffer them to be buried; the said Smith and myself went over to to learn the particulars of the affray, but upon our arrival at , we learned that none were killed but several were wounded— we tarried all night at Col. ’s, the next morning the weather being very warm and having been very dry for some time previously, the Springs and wells in that region were dried up; on mounting our horses to return, we rode up to ’s, who was then an acting Justice of the Peace, to obtain some water for ourselves and horses; some few of the citizens accompanied us there, and after obtaining water, was asked by said Joseph Smith Senior [p. 1603]
July 1 of Habeas Corpus.
The following Witnesses were examined, viz. , , , , , and .
sworn.
Said that the defendant now in court is his brother, and that his name is not Joseph Smith Junior, but his name is Joseph Smith Senior, and has been for more than two years past. I have been acquainted with him ever since he was born, which was thirty-seven years in December last, and I have not been absent from him at any one time, not even the space of six months since his birth, to my recollection, and have been intimately acquainted with all his sayings, doings, business transactions and movements, as much as any one man could be acquainted with another man’s business up to the present time, and do know that he has not committed treason against any state in the Union, by any overt act, or by levying war, or by aiding, abetting, or assisting an enemy in any State in the Union, and that the said Joseph Smith Senior has not committed treason in the State of , nor violated any law or rule of said , I being personally acquainted with the transactions and doings of said Smith whilst he resided in said which was for about six months in the year 1838; I being also a resident in said during the same period of time, and I do know that said Joseph Smith Senior never was subject to Military duty in any State, neither was he in the State of , he being exempt by the amputation or extraction of a bone from his leg, and by having a license to preach the Gospel or being in other words a Minister of the Gospel, and I do know that said Smith never bore arms as a military man, in any capacity whatever, whilst in the State of , or previous to that time; neither has he given any orders or assumed any command in any capacity whatever; but I do know that whilst he was in the State of , that the people commonly called Mormons, were threatened with violence and extermination, and on or about the first [HC 3:404] Monday in August 1838, at the election in , the county seat in ; the citizens who were commonly called Mormons were forbidden to exercise the rights of franchise, and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place, and from that time a mob commenced gathering in that county threatening the extermination of the Mormons; the said Smith and myself upon hearing that mobs were collecting together, and that they had also murdered two of the citizens of the same place, and would not suffer them to be buried; the said Smith and myself went over to to learn the particulars of the affray, but upon our arrival at , we learned that none were killed but several were wounded— we tarried all night at Col. ’s, the next morning the weather being very warm and having been very dry for some time previously, the Springs and wells in that region were dried up; on mounting our horses to return, we rode up to ’s, who was then an acting Justice of the Peace, to obtain some water for ourselves and horses; some few of the citizens accompanied us there, and after obtaining water, was asked by said Joseph Smith Senior [p. 1603]
Page 1603