Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
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to find out whether preachers of the Gospel who never did military duty should <​could​> be subjects to 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 put into the 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 order <​state​> of things was continued 12 or 14 days <​&​> after that <​time​> we were permitt ordered by the to introduce some rebutting evidence saying if we did not do it we should be thrust in<​to​> 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 are <​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]
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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