| 253 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; Austin A. King being the judge, and Mr. Birch, the district attorney;-the two extremely and very honorable gentlemen who sat on the court martial when we were sentenced to be shot. Witnesses were called up and 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, and I do know, positively, that the evidence given in by those men whilst under duress, was false. This state of things was continued twelve or fourteen days, and after that time we were ordered by the judge, to introduce some rebutting evidence, saying, if we did not do it, we would be thrust into prison. I could hardly understand what the judge meant, for I considered we were in prison already and could not think of any thing but the persecutions of the days of Nero, knowing that it was a religious persecution, and the court an inquisition: however, we gave him the names of forty persons who were acquainted with all the persecutions and sufferings of the people.-The judge made out a subpœna, and inserted the names of those men and caused it to be placed in the hands of Bogard, the notorious Methodist minister, and he took fifty armed soldiers and started for Far West. I saw the subpœna given to him and his company, when they started. In the course of a few days they returned with most all those forty men, whose names were inserted in the subpœna and thrust them into jail, and we were not permitted to bring one of them before the court, but the judge turned upon us with an air of indignation and said, gentlemen you must get your witnesses or you shall be committed to jail immediately; for we are not going to hold the court open on expense much longer, for you any how. We felt very much distressed and oppressed at that time. Colonel Wight said, what shall we do? Our witnesses are all thrust into prison, and probably will be, and we have no power to do any thing, of course we must submit to this tyranny and oppression; we cannot help our selves. Several others made similar expressions in the agony of their souls; but my brother Joseph did not say any thing, he being sick at that time with the tooth ache, and ague in his face, in consequence of a severe cold brought on by being exposed to the severity of the weather. However, it was considered best by General Doniphan and Lawyer Reese, that we should try to get some witnesses before the pretended court. Accordingly, I myself gave the names of about twenty other persons; the judge inserted them in a subpœna, and caused it to be placed into the hands of Bogard the Methodist priest, and he again started off with his fifty soldiers to take those men prisoners, as he had done to the forty others. The judge sat and laughed at the good opportunity of getting the names, that they might the more easily capture them, and so bring them down to be thrust into prison, in order to prevent us from getting the truth before the pretended court, of which himself was the chief inquisitor or conspirator. Bogard returned from his second expedition with one prisoner only, whom he also thrust into prison.
The people at Far West had learned the intrigue and had left the State, having been made acquainted with the treatment of the former witnesses. But we, on learning that we could not obtain witnesses; whilst privately consulting with each other what we should do, discovered a Mr. Allen, standing by the window on the outside of the house, we beckoned to him as though we would have him come in, he immediately came in. At that time Judge King retorted upon us again, saying, gentlemen are you not going to introduce some witnesses; also, saying it was the last day he should hold the court open for us, and if we did not rebut the testimony that had been given against us, he should have to commit us to jail. I had then got Mr. Allen into the house, and before the court, so called. I told the judge we had one witness, if he would be so good as to put him under oath; he seemed unwilling to do so; but after a few moments consultation, the state's attorney arose and said he should object to that witness being sworn, and that he should object to that witness giving in his evidence at all; stating that this was not a court to try the case, but only a court of investigation on the part of the state. Upon this, General Doniphan arose, and said 'he would be God damned if the witness should not be sworn, and that it was a damned shame that these defendants should be treated in this manner; that they could not be permitted to get one witness before the court, whilst all their witnesses, even forty at a time, have been taken by force of arms, and thrust into the 'bull pen' in order to prevent them from giving their testimony.' After Doniphan sat down, the judge permitted the witness to be sworn, and enter upon his testimony. But so soon as he began to speak, a man by the name of Cook, who was a brother-in-law to Priest Bogard, the Methodist, and who was a lieutenant, and whose place at that time, was to superintend the guard, stepped in before the pretended court, and took him by the nape of his neck and jammed his head down
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