In the original trial record the questions and answers appear together in paragraphs. The testimony is presented here split into questions and answers so it that it is easier to follow. All spelling, grammar, and spelling inconsistencies are in the original text. The document is said to contian the verbatim record of the witnesses’ testimony in the 1845 trial of those accused in the murder of Joseph Smith.
[Direct examination by Josiah Lamborn]
John Paton Sworn:
Mr. Paton where was you on the day that Joseph Smith was Killed.
I was part of the day at home in the country.
Did you see Mr. Sharp that day.
Did you see any other of these men that day.
Yes I saw them all.
Where did you see them.
I saw some of them in Warsaw, and some between here and Warsaw.
Did you see Davis, Oldridge, Sharp, Williams and Grover, in Warsaw early that morning.
I don’t recollect, of seeing all of them, then that day.
You saw some of them there that day did you.
What were they doing when you saw them.
[illegible] was taking up the line of march to go to golden point.
Did you go to golden point.
[illegible] that part of the way, and was discharged.
Who discharged you.
[illegible] met Colonel Williams, and was discharged.
Was Sharp there, when you was discharged.
I don’t think he was.
How far from Warsaw when you was discharged.
We was five or six miles.
Was David, Oldridge, and Williams, there, when the company was discharged.
I think they were.
Was Grover there.
He was somewhere there a [illegible]
I did not see him there.
What time of the day was you discharged.
Near twelve O clock.
Did you hear any of these men address the people upon anything.
Who addressed the people.
I think Sharp made a small speech.
Do you watch any of the speech.
I recollect some portion of it.
Did he say anything about Joseph Smith.
(the witness waited some considerable time before he answered)
I think he said that Joe Smith, was now in custody, and the Mormons would elect the officers of the County, and by that means, Joe would select his own, Jury and get free.
Was anything said, about killing, Joseph Smith.
Did he was what should be done with him.
Was there anything said, about their coming in here, with the troops.
Some of the Officers, I think Oldridge said something about it.
[illegible] it was Oldridge that was in favor of going to Carthage.
I don’t know that it was Oldridge, or some other of them, there was something said in the crowd, of going to Carthage I think.
What did the people there, [illegible] the [illegible], in common with these men, say they were going to Carthage for,
I could not tell, what their intention was, they did not say.
How many miles was that from Carthage.
Ten or fifteen miles.
What time of the day was it.
It was about twelve O. Clock of the day.
Did you see them, start for Carthage.
Did you see any of these five men among them.
I saw Williams among them.
Did you see any other of these men among them.
I saw [illegible] Sharp and Grover, and Davis, turned back to Warsaw.
Did you see David after that, any more that day.
I did not.
Did Davis say anything to the troops.
He did not make any speech he was [illegible] among the troops, I did not know what he said, I asked him, if he was going back, he said he was.
How many started to come to Carthage.
It is more than I can tell.
Did a hundred start this way.
I think there was.
What time of the day did they start for Carthage.
About twelve O. clock.
Was there any on foot
Was Williams, Oldridge, Sharp, and Grover on horseback.
Grover was not on horseback, the other three was.
Who took the command.
I could not tell.
And Mr. Davis refused to go as Captain.
Then I suppose Colonel Williams was over the whole concern.
I do not know.
How far, did you come, with them.
I turned off to the left.
Did you here any more speeches made.
Oldridge said something.
With regard to what.
He spoke of the grievances of the people, and that the Mormons, had the power themselves, and they must do something to stop it, that was about the substance of what he said.
What was the words Sharp used.
He said the Mormons, had the power to elect the officers, of the County, and that Joe, would select his own Jurors, and be set free.
Did he say anything more.
Yes, but I don’t recollect all his speech.
He said Joe, would select the Officers of the County, did he.
Did he say any thing more that you remember.
He said, the Governor had said whatever they did, to do it quickly
How long did he speak.
A few moments.
What were the grievances Oldridge spoke about.
He said that Joe violated the Laws, and trampled upon your rights.
Did Sharp speak before Oldridge.
No. Aldridge did not make a very fair start at it and Mr. Sharp arose up, and made the speech.
Was Williams, and Grover there at that time.
Williams rode up about the time Sharp was closing his speech.
And Sharp said the Governor said what you do, do quickly.
After they had got through speaking, what then.
Some went to Carthage, and some went home.
Was those who came to Carthage, going towards home.
Some of them some lived South, some South West.
Then they were mostly going from home.
Did Grover, Sharp, Oldridge, and Williams go with them.
You say Davis went back, what did he say, he was going back for.
He said he was going home.
Had he no excuse, for going back.
I suppose he was going back to attend to his business.
Did Colonel Williams say anything as they started for Carthage.
I don’t recollect of hearing Williams say one word.
What sort of a horse did Williams ride.
He did not ride a black one or a white one.
You don’t recollect the colour.
It was neither black nor white you say.
Was it a sorrel.
It might have been a Sorrel.
How many baggage Waggons were there.
It is more than I can tell.
How many came this way.
I saw one, start this way.
Do you know who was driving it.
I think it was Mr. [illegible].
Whose team was it.
It was his own team.
Were there any others coming this way.
There might have been two or three.
Did they [illegible] their arms in the Waggons.
I don’t recollect.
Were they all armed.
We had our arms.
You don’t know that they put their arms into the baggage Waggons or not.
Did you see Oldridge team there.
I don’t know that he had a team he was riding if I recollect right. He might have a Waggon there and you not know it.
I don’t know whether he had or not.
Do you recollect the day of the month Smith was killed.
I think it was 27th June 1844.
Was it not a little after [illegible] they started for Carthage.
It was about twelve.
Was that near the Railroad shanties.
It was night at that place.
Which direction did Williams leave from that.
A Southern direction from that.