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Source: Church History Vol. 2 Chapter 15 Page: 289 (~1839)

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289 nailed down the windows, then came and ordered a man by the name of John Fulkinson, whom he had with him, to chain us together with chains and padlocks, being seven in number. After that he searched us, examining our pockets to see if we had any arms. Finding nothing but pocket knives, he took them and conveyed them off.

"Saturday, 10th. . . General Clark had spent his time since our arrival at Richmond in searching the laws to find authority for trying us by court-martial. Had he not been a lawyer of eminence I should have supposed it no very difficult task to decide that quiet, peaceful, unoffending, and private citizens too, except as ministers of the gospel, were not amenable to a military tribunal, in a country governed by civil laws. But be this as it may, General Clark wrote the Governor that he had

"'Detained General White and his field officers here a day or two, for the purpose of holding a court-martial, if necessary. I this day made out charges against the prisoners and called on Judge King to try them as a committing court; and I am now busily engaged in procuring witnesses and submitting facts. There being no civil officers in Caldwell, I have to use the military to get witnesses from there, which I do without reserve. The most of the prisoners here I consider guilty of treason; and I believe will be convicted; and the only difficulty in law is, can they be tried in any county but Caldwell? If not, they cannot be there indicted, until change of population. In the event the latter view is taken by the civil courts, I suggest the propriety of trying Jo Smith and those leaders taken by General Lucas, by a courtmartial, for mutiny. This I am in favor of only as a dernier resort. I would have taken this course with Smith at any rate; but it being doubtful whether a court-martial has jurisdiction or not in the present case-that is, whether these people are to be treated as in time of war, and the mutineers as having mutinied in time of war-and I would here ask you to forward to me the Attorney General's opinion on this point. It will not do to allow these leaders to return to their treasonable work again, on account of their not being indicted in Caldwell. They have committed treason

(page 289)

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