| 277 was, "that they had passed and repassed both houses, and saw the females, but there were so many men about the town, that they dare not venture for fear of being detected, and their numbers were not sufficient to accomplish anything if they had made the attempt, and they came off without trying."
No civil process of any kind had been issued against us: we were there held in duress without knowing what for, or what charges were to be preferred against us. At last, after long suspense, General Clark came into the prison, presenting himself about as awkwardly as at first, and informed us, "that we would be put into the hands of the civil authorities. He said he did not know precisely what crimes would be charged against us, but they would be within the range of treason, murder, burglary, arson, larceny, theft, and stealing." Here again another smile was forced, and I could not refrain, at the expense of this would-be great man, in whom, he said, "the faith of Missouri was pledged." After a long and awful suspense, the notable Austin A. King, judge of the circuit court, took the seat, and we were ordered before him for trial, Thomas Birch, Esq., prosecuting attorney. All things being arranged, the trial opened. No papers were read to us, no charges of any kind were preferred, nor did we know against what we had to plead. Our crimes had yet to be found out.
At the commencement, we requested that we might be tried separately; but this was refused, and we were all put on trial together. Witnesses appeared, and the swearing commenced. It was so plainly manifested by the judge that he wanted the witnesses to prove us guilty of treason, that no person could avoid seeing it. The same feelings were also visible in the States' Attorney. Judge King made an observation something to this effect, as he was giving directions to the scribe, who was employed to write down the testimony-"that he wanted all the testimony directed to certain points.-Being taken sick at the early stage of the trial, I had not the opportunity of hearing but a small part of the testimony when it was delivered before the court.
During the progress of the trial, after the adjournment of the court in the evening, our lawyers would come into the prison, and there the matters would be talked over.
The propriety of sending for witnesses, was also discussed. Our attorneys said that they would recommend to us not to introduce any evidence at that trial. Doniphan said it would avail us nothing, for the judge would put us into prison, if a cohort of angels were to come and swear that we were innocent: and beside that, he said that if we were to give to the court the names of our witnesses, there was a band there ready to go, and they would go and drive them out of the country, or arrest them and have them cast into prison, to prevent them from swearing, or else kill them. it was finally concluded to let the matter be so for the present.
During the progress of the trial, and while I was laying sick in prison, I had an opportunity of hearing a great deal said by those of them who would come in. The subject was the all absorbing one. I heard them say that we must be put to death-that the character of the State required it. The State must justify herself in the course she had taken, and nothing but punishing us with death, could save the credit of the State, and it must therefore be done.
I heard a party of them one night telling about some female whose person they had violated, and this language was used by one of them: "The damned bitch, how she yelled." Who this person was, I did not know; but before I got out of prison, I heard that a widow, whose husband had died some few months before, with consumption, had been brutally violated by a gang of them, and died in their hands, leaving three little children, in whose presence the scene of brutality took place.
After I got out of prison, and had arrived in Quincy Illinois, I met a strange man in the street, who was inquiring of me respecting a circumstance of this kind-saying he had heard of it, and was on his way going to Missouri to get the children if he could find them. He said the woman thus murdered was his sister, or his wife's sister, I am not positive which. The man was in great agitation. What success he had I know not.
The trial at last ended, and Lyman Wight, Joseph Smith Senior, Hyrum Smith, Caleb Baldwin, Alexander McRea, and myself were sent to jail in the village of Liberty, Clay county Missouri.
We were kept there from three to four months; after which time we were brought out on habeas corpus before one of the county judges. During the hearing under the habeas corpus, I had, for the first time, an opportunity of hearing the evidence, as it was all written and read before the court.
It appeared from the evidence, that they attempted to prove us guilty of treason in consequence of the militia of Caldwell county being under arms at the time that General Lucas' army came to Far West. This calling out of the militia, was what they founded the charge of treason upon-an account of which I have given above. The charge of murder was founded
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