261 knew no man, 'more honest or more philanthropic, having a greater zeal and love for his country and its laws, or one who would strive more for the peace and happiness of mankind than Joseph Smith.' He then informed the guard that he had no further use for me, and ordered them to place me back with the prisoners.
"Sometime about the hour of eleven o'clock General Doniphan called on me and said to me: 'Wight, your case is a damned hard one; you are all sentenced to be shot to-morrow morning at eight o'clock on the public square in Far West, by fourteen to seven, and for this reason I wash my hands against such cool-blooded and heartless murder.' And also said he should move his troops, numbering three hundred, before sunrise the next morning, and would not suffer them to witness such hard-hearted, cruel, and base murder. He then shook hands with me and bade me farewell."
We need not remind the reader that those of these prisoners who were not members of any military organization were not subject to a court martial, but if crime was alleged should have been tried before the civil courts. Nor was there any necessity for the military to be called out to make the arrest, as they had not then, nor at any other time had they resisted arrest. There were no warrants for them, nor were they cited to trial. Lyman Wight was, so far as we know, the only military officer among them. There might have been some pretext for trying him before a court martial if he had been guilty of any breach of military discipline. But no claim of this kind was ever made that we are aware of, nor was he ever charged with disobeying his superior officers. So the whole transaction was illegal and uncalled for, both from a military and civil standpoint. Yet did they, in utter disregard of all law, try these men before a military court, and sentence them to death.
General Doniphan was ordered to execute the sentence, but with characteristic courage and manliness he spurned the order, though by doing so he became subject to trial and punishment for insubordination. The following is a copy of the order:-
(page 261) |