| 260 bail expelled from the state forthwith, with the rest of the Mormon citizens. And Joseph Smith, Hyrum Smith, Sidney Rigdon, Lyman Wight and others were committed to the Clay county jail for further trial. Two or three others, and myself, were put into the jail at Ray county, for the same purpose.
The Mormon people now began to leave the state, agreeably to the exterminating order of Governor Boggs. Ten or twelve thousand left the state during the winter, and fled to the state of Illinois. A small number of widows, and the poor, together with my family and some of the friends of the other prisoners, still lingered in Far West, when a small band of armed men entered the town and committed many depredations and threatened life; and swore if my wife and children, and others whom they named were not out of the state, in so many days, they would kill them; as the time now drew near for the completion of the exterminating order of Governor Boggs. Accordingly, my wife and children, and others, left the state as best they could; wandered to the state of Illinois, there to get a living among strangers, without a husband, father, or protector. Myself and party still remained in prison, after all the other Mormons had left the state; and even Mr. Smith and his party, had escaped to bring up the rear. In June, by change of venue, we were removed from Ray county, to Columbia, Boon county, upwards of one hundred miles towards the state of Illinois; and by our request a special court was called, for final trial; but notwithstanding we were removed more than one hundred miles from the scenes of their depredations, yet such was the fact, that neither our friends or witnesses dared come into that state to attend our trial, as they had been banished from the state by the governor's order of extermination; executed to the very letter, by the principal officers of the state, civil and military. On these grounds, having had all these opportunities to know, I testify that neither Mr. Smith, nor any other Mormon has the least prospect for justice, or to receive a far and impartial trial in the state of Missouri. If tried at all, they must be tried by authorities who have trampled all law under their feet, and who have assisted in committing murder, robbery, treason, arson, rape, burglary and felony; and who have made a law of banishment, contrary to the laws of all nations; and executed this barbarous law with the utmost rigor and severity. Therefore, Mr. Smith, and the Mormons generally, have suffered the end of the law, of which they had no choice, and therefore, the state of Missouri has no further claims, whatever, upon any of them.
I furthermore testify that the authorities of other states, who would assist Missouri, to wreak further vengeance upon any individual of the persecuted Mormons, are either ignorantly or wilfully [willfully] aiding and abetting in all these crimes.
Cross examined. He states that he was very intimate with Mr. Smith all the time he resided in the state of Missouri, and was with him almost daily, and that he knows positively that Mr. Smith held no office, either civil or military, either real or pretended, in that State; and that he never bore arms, or did military duty, not even in self defence; [defense] but that he was a peaceable, law-abiding, and faithful citizen, and a preacher of the gospel, and exhorted all the citizens to be peaceable, long suffering and slow to act, even in self defence [defense]. He further stated that there was no fortress in Far West, but a temporary fence, made of rails, house logs, floor planks, wagons, carts, &c., hastily thrown together, after being told by General Lucas that they were to be massacred the following morning, and the town burnt to ashes, without giving any information by what authority. And he further states that he only escaped himself from that state by walking out of the jail when the door was open to put in food, and came out in obedience to the governor's order of banishments, and to fulfil [fulfill] the same.
PARLEY P. PRATT.
GEORGE W. PITKIN sworn. says that he concurs with the preceding witnesses H. Smith and P. P. Pratt, in all the facts with which he is acquainted, that in the summer of 1838 he was elected Sheriff of the county of Caldwell and State of Missouri. That in the fall of the same year while the County was threatened and infested with mobs, he received an order from Judge Higbee the presiding Judge of said County, to call out the Militia and he executed the same. The said order was presented by Joseph Smith, Sen. who showed the witness a letter from General Atchinson giving such advice as was necessary for the protection of the citizens of said county; reports of the mobs destroying property were daily received. Has no knowledge that Joseph Smith was concerned in organizing or commanding said Militia in any capacity whatever. About this time he received information that about forty or fifty "Yauger-Rifles" and a quantity of ammunition were being conveyed through Caldwell to Davies County for use of the mob: Upon which he deputized William Allred to go with a company of men and to intercept them if possible, he did so and brought the said arms and ammunition into Far West which were afterwards delivered up to the order of
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