Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason]
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Source Note
, Testimony, , Hancock Co., IL, 1 July 1843, Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843). Copied [3–6 July 1843]; handwriting of and ; docket by , [6 July 1843, , Hancock Co., IL]; docket by , ca. [6] July 1843; notation by , ca. [6] July 1843; twenty-eight pages; Nauvoo, IL, Records, CHL.
- Historical Introduction

to find out whether preachers of the Gospel who never did military duty could be subjects of court martial; however the seemed to learn that fact after searching the military code and came into the old log cabin where we were under guard & in chains & told us he had concluded to deliver us over unto the civil authorities; as persons guilty of treason, murder, , , theft and stealing the poor deluded did not know the difference between theft larceny & stealing— Accordingly we were handed over to the pretended civil authorities and the next morning our chains were taken off and we were guarded to the Court House where there was a pretended court in session being the Judge & the district attorney the two extremely & very honorable gentlemen who sat on the Court Martial when we were sentenced to be shot. Witnesses were called up & sworn at the point of the bayonet and if they would not swear to the things they were told to do they were threatened with instant death & I do know possitively that the evidence given in by those men whilst under duress was false this state of things was continued 12 or 14 days & after that time we were ordered by the to introduce some rebutting evidence saying if we did not do it we should be thrust into prison I could hardly understand what the meant for I considered we were in prison already and could not think of anything but the persecutions in the days of Nero knowing that it was a religious persecution & the court an inquisition: however we gave him the names of 40 persons who were acquainted with all the persecutions & sufferings of the people. The made out a Subpena and inserted the names of those men & caused it to be placed in the hands of the notorious methodist minister and he took 50 armed soldiers & started for I saw the Subpena given to him & his company when they started. In the course of a few days they returned with most all those 40 men whose names were inserted in the Subpena & thrust them into Gaol [jail] & we were not permitted to bring one of them before the court [p. 18]
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