| 688 and again slap their hands and jump up, while one would take a bottle of whisky and a tumbler and turn it out full of whisky and pour it down each other's necks, crying, 'Damn it, take it, you must take it;' and if anyone refused to drink the whisky, others would clinch him whilst another poured it down his neck, and what did not go down the inside went down the outside. This is a part of the farce acted out by the grand jury of Daviess County whilst they stood over us as guards for ten nights successively; and all this in the presence of the great Judge Birch, who had previously said in our hearing that there was no law for the Mormons in the State of Missouri. His brother was then acting as district attorney in that circuit, and if anything was a greater cannibal than the judge.
"After all these ten days of drunkenness, we were informed that we were indicted for treason, murder, arson, larceny, theft, and stealing. We asked for a change of venue from that county to Marion County, but they would not grant it; but they gave us a change of venue from Daviess to Boone County, and a mittimus was made out by the pretended Judge Birch, without date, name, or place. They fitted us out with a two-horse wagon, and horses, and four men, besides the sheriff, to be our guard; there were five of us. We started from Gallatin, the sun about two hours high p. m., and went as far as Diahman that evening and staid [stayed] till morning. There we bought two horses of the guard and paid for one of them in our clothing, which we had with us, and for the other we gave our note. We went down that day as far as Judge Morin's, a distance of some four or five miles. There we staid [stayed] until the morning, when we started on our journey to Boone County, and traveled on the road about twenty miles distance. There we bought a jug of whisky, with which we treated the company, and while there the sheriff showed us the mittimus, before referred to, without date or signature, and said that Judge Birch told him never to carry us to Boone County, and never to show the mittimus; 'and' said he, 'I shall take a good drink of grog and go to bed; and you may do as you have a mind to.' Three others of the guard drank pretty freely of
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