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Source: Times and Seasons Vol. 5 Chapter 11 Page: 551

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551 to go to Colesville and get another writ, and take him to Broome county for another trial. They were sure they could send that boy to hell, or to Texas, they did not care which; and in half an hour after he was discharged by the court, he was arrested again, and on the way to Colesville for another trial. I was again called upon by his friends to defend him against malignant persecutors, and clear him from the false charges they had preferred against him. I made every reasonable excuse I could, as I was nearly worn down through fatigue and want of sleep; as I had been engaged in law suits for two days and nearly the whole of two nights. But I saw persecution was great against him; and here let me say, Mr. Chairman, singular as it may seem, while Mr. Knight was pleading with me to go, a peculiar impression or thought struck my mind, that I must go and defend him, for he was the Lord's annointed [anointed]. I did not know what it meant, but thought I must go and clear the Lord's annointed [anointed] I said I would go; and started with as much faith as the apostles had when they could remove mountains, accompanied by father Knight, who was like the old patriarchs that followed the ark of God to the city of David. We rode on till we came to the house of Hezekiah Peck, where a number of Mormon women had assembled, as I was informed, for the purpose of praying for the deliverance of the prophet of the Lord. The women came out to our waggon [wagon] and Mrs. Smith among the rest. O my God, Sir, what were my feelings, when I saw that woman who had but a few days before given herself, heart and hand, to be a consort for life, and that so soon her crimson cheeks must be wet with tears that came streaming from her eyes; yes Sir, it seemed that her very heart strings would be broken with grief. My feelings Sir, were moved with pity and sorrow, for the afflicted; and on the other hand they were wrought up to the highest pitch of indignation against those fiends of hell who had thus caused the innocent to sufferr [suffer].

The next morning about 10 o'clock the court was organized. The prisoner was to be tried by three justices of the peace, that his departure out of the county might be made sure.-Neither talents nor money were wanting to ensure [insure] them success. They employed the ablest lawyer in that county, and introduced twenty or thirty witnesses before dark, but proved nothing. They then sent out runners and ransacked the hills and vales, grog shops and ditches, and gathered together a company that looked as if they had come from hell, and had been whipped by the soot boy thereof; which they brought foreward [forward] to testify one after another, but with no better success than before, although they wrung and twisted into every shape, in trying to tell something that would criminate [incriminate] the prisoner. Nothing was proven against him whatever. Having got through with the examination of their witnesses about 2 o'clock in the morning, the case was argued about two hours. There was not one particle of testimony against the prisoner. No Sir, he came out like the three children from the fiery furnace, without the smell of fire upon his garments. The court deliberated upon the case for half an hour with closed doors, and then we were called in. The court arraigned the prisoner and said: "Mr. Smith, we have had your case under consideration, examined the testimony and find nothing to condemn you, and therefore you are discharged." They then proceeded to reprimand him severely; not because anything derogatory to his character in any shape had been proven against him by the host of witnesses that had testified during the trial, but merely to please those fiends in human shape, who were engaged in the unhallowed persecution of an innocent man, sheerly on account of his religious opinions.

After they had got through, I arose and said: 'This court puts me in mind of a certain trial held before Felix of old, when the enemies of Paul arraigned him before that venerable judge for some alleged crime, and nothing was found in him worthy of death or of bonds. Yet, to please the Jews, who were his accusers, he was left bound contrary to law; and this court has served Mr. Smith in the same way, by their unlawful and uncalled for reprimand after his discharge, to please his accusers.' We got him away that night from the midst of three hundred people without his receiving any injury; but I am well aware that we were assisted by some power higher than man; for to look back on the scene, I cannot tell how we succeeded in getting him away. I take no glory to myself, it was the Lord's work, and marvelous in our eyes.

This Mr. Chairman, is a true history of the first persecution that came upon Gen. Smith in his youth among professed christians, and in a county [country?] heralded to the ends of the earth, as a land of freedom; where all men have the constitutional right to worship as they please, and believe what they please without molestation, so long as they do not interfere with the rights and privileges of others. Yes Sir, a persecution got up through the influence of religious bigotry by as vile a set of men as ever disgraced the family of man. But their devices against him were brought to naught by that

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