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]
William M. Daniels Sworn:
Mr. Daniels stand up and tell the Jury, what you know about these five men, Williams, Sharp, Oldridge, Grover and David, Where was you on the day of that occurence.
I was in Warsaw and Carthage.
On the morning before the murder was there a meeting at Warsaw.
It was understood, that we should march that day, to Nauvoo, I understood so from the Governor, address, I saw Williams there Captain Davis, and Grover, and Oldrige (pointing to each man as he named them)
Did you see Sharp.
I saw him that day but not that morning.
What time did the Company start.
In the morning, I cannot tell what time.
What did they go to.
To the railroad shanties.
What was done there.
Disbanding the troops by Colonel Williams.
What was done after that.
Sharp made a speech to them.
Did any body else make a speech.
I don’t recollect of anybody else, making any speeches.
Don’t you recollect of any other of these men, making a speech besides Sharp.
No. Only Williams, read the disbanding orders.
Then you don’t recollect of any other making speeches, but Sharp.
I don’t recollect.
What did Sharp say.
It is impossible for me to recollect all the speech but I will tell, as much as I recollect, He said that it was necessary to get rid of the Mormons.
Did he say any thing about the Smiths, and if he did, what did he say.
He pointed out the [illegible] killed Smith to get rid of these Mormons and he wanted them to march through to Carthage, He wanted Captain Davis to go with his Company.
What did Captain Davis say to that.
He would not do it, and told them, if they wanted him to go to Nauvoo, he would go with them but to go to Carthage he would not do it.
Did Davis say he would meet them here, or he would come round, another way.
No, Davis said he would go home, and called them damned cowards, and said they would never, elect him Captain again.
Did you hear Colonel Williams say anything about coming to Carthage.
I don’t recollect.
Did you hear Oldridge say anything about coming to Carthage.
I don’t recollect that I did.
Did you hear Grover say anything about coming to Carthage.
Grover, said he would go alone if nobody else went.
Did you hear any of these men say what they were going for.
It is impossible for me, to recollect, the words they said.
Did you come with them to Carthage.
I came with them within four miles of Carthage.
Was there a call made at the railroad shanties for volunteers.
There was, and Davis said he would not go and his Company
Did they say what they were going to Carthage for.
I cannot tell the exact words they said.
Well tell as near as you can.
Their object in going was to kill Smith.
How far were they from Carthage at that time, were they ten or twelve miles.
I don’t know how far.
How long was you coming from there till you left them.
I cannot say.
What time of the day was it, when you was, at the railroad shanties.
About noon.
Did the men carry their arms.
Some carried them, and some put them, in the Baggage wagons.
Were they on foot or on horseback
They were mostly on foot.
Who did you see on horseback.
I saw Mark Oldridge on horseback.
Was Colonel Williams on foot.
I cannot say, Sharp, was on horseback. Grover was on foot.
How many do you think started this way.
I should think between sixty and one hundred.
How many baggage waggons was there.
I cannot say.
Was there more than one.
I should think there was two or three.
Where did you leave the company.
About four miles from Carthage I should judge.
Were they altogether, when you left them.
They were scattering along.
Did they come to a halt four miles from Carthage.
They did.
Did these men come into Town in advance of the body.
Oldridge left and came in first.
Did he leave alone.
I cannot say.
Did Colonel Williams come with the troops.
I don’t recollect of seeing him after we left the railroad shanties.
Did Oldridge remain with you till within four miles of Carthage before he left you.
I believe he did.
Was Sharp along with the company.
I never saw him after we left the railroad shanties.
Was Grover along with you.
I did not see Grover untill we came, within, four miles of Carthage.
Was there any division, of the companies, at the four mile point.
The wagons, kept straight on the road and the men turned up a hollow.
Do you know whether Davis, came to the baggage wagons again.
I do not.
How far does that hollow reach.
From the timber to where they turned off on the prairies.
Is there timber between here and where they turned off.
There is.
Well explain it to us.
They took that hollow to the left of the road, and that hollow led to the timber and I came up the road.
And what became of you then.
I came into Carthage.
How did you travel.
On foot.
Had you any gun or anything with you.
I gave it up, when I was disbanded.
Did you get here before these men.
I did.
How long before them.
I could not say.
Did you see any of these men, before the main company, got here.
I think I did not.
When you came to Town, did you come to the Square.
I went to the Jail in the first place.
Who did you see at the Jail.
I don’t know.
Did you speak to anybody at the Jail.
No.
What did you go to the Jail for in the first place.
To see what they were going to do.
Did you see anybody at the Jail.
I saw the gaurd.
Did they speak to you.
No. They were marching round.
Why did not you speak to them, and tell them, the mob were coming up.
Because they knew about it, as well as anybody else.
Did you hear before you got up, that the gaurd was to have their guns loaded with blank cartridge.
I understood so.
How long do you say it was from the time you came to the Jail till the time the mob came.
It was from five to fifteen minutes.
Was there a signal gun fired before the Mob came up.
There was guns fired.
How many.
Two or Three.
How far were the troops from the Jail when the guns was fired.
I cannot tell.
Were the men that came up disguised.
Some of their faces were blackened with powder, some were black, and some were not.
How many were blackened.
I could not say.
Where did you stand.
Probably fifteen, or Twenty feet, off the Jail, outside of the yard.
Did any of them, say anything, to you when they came up.
No.
What did they do after, they came up their.
Killed the Smiths.
Tell us how they approached the house.
They came up, with a single file, in front of the Jail.
Did they surround the Jail.
No.
In what direction did they come.
They came up the fence, that was from the Jail to the timber.
How many got over the fence.
I cannot say.
How did they carry their guns.
I could not say.
Did you see Smith fall from the Window.
I did.
How far was you from him.
I was out on the road East of the Jail, the crowd was between me and him.
Was he shot, before he fell, or not [illegible]
He was not.
How long, was it, after he fell before they left him.
It was a short time.
How many guns were fired after he fell.
I could not tell how many.
Was their one fired.
Yes there was more than two, Three, or four, and may be more, there was a considerable firing.
Did you see Oldridge there at the Jail.
I did not.
Did you see Sharp at the Jail.
I did not.
Did you see Davis there.
I did not.
Did you see Grover there.
I did.
Where was he, and what was he doing.
He was running towards the door of the Jail.
Before or after the death of Smith.
Before.
Did you see Williams at the Jail, that evening.
I did.
Did you see him when you first went there.
No.
Which way, did Williams, approach the Jail, when you first saw him.
I cannot say which way he came, he was right there, in the middle of the road with one, of the Carthage Greys on the east side of the Jail.
At what time did you first see Williams.
I saw him before the firing.
Had they gone, into the Jail, before you saw him.
No.
Had they first surrounded the Jail before you saw him.
They had come up to the Jail before I saw him.
Did you see Grover after, during the conflict,
I saw him, about the Jail.
Was he armed.
He has a double barrel shot gun.
Did you hear Grover say any thing.
I don’t know that I did.
You did not see Oldridge, Sharp and Davis at the Jail that day.
No.
Did you hear Williams say anything.
Yes. he said rush on boys, their is no danger.
Did you hear him say any thing else during the conflict.
Yes. he hallo’ d for them to come round to that side of the Window.
And what was done when they came round.
He told them to shoot the damned scoundrel.
Did you see him after that.
I don’t recollect seeing him after.
Where did you go that night.
To [illegible] Bear Creek.
Who went with you.
a couple of men whose names I do not know.
Was you on foot, or in a wagon.
On foot.
Were these two men in Carthage.
No.
Did you see Smith after he was dead.
I saw him after he was shot.
You supposed he was dead.
I did.
Had the Mob retreated then.
No.
How long after, you supposed that Smith was entirely dead, the whole of them left.
I could not say.
Did they retreat in a great deal of confusion.
They did.
Did you see any drinking that day.
They had some liquor with them.
Did you drink any of that liquor.
I did not. but they drank, and acted, as if they were drunk.
Are you they author of that book, entitled, a correct account, of the Murder of Generals Joseph, and Hyrum Smith, at Carthage on the 24th day of June 1844, by William M. Daniels, an eye Witness.
I did not write it Sir.
Who did.
Mr. L. O. Littlefield.
Did he write it from what you told him.
Yes I told him the statements, several times after it occured.
Did you see the manuscript before it was printed.
I saw it sometime before it was printed.
There is something said, in the book, about some light well tell us about it.
I suppose it will astonish you, to tell you that, I saw a light.
Well explain it to us.
It is represented in the book rather different than what it was.
But it is true that you saw light.
Yes.
might it not have been the reflection of a musket.
I don’t say what it might have been.
Was the light seen by any that was standing by except yourself.
I cannot tell.
Upon the whole is the composition of that book true did you state the circumstance to Littlefield as you now relate them.
I think I did.
Was you alarmed at the time you saw the light.
Yes I was considerably excited.
Did you believe in the Mormon Church at that time.
I did not.
Do you now.
I do.
Do you live in Nauvoo.
I do.
What is your buisness.
I am a Cooper by trade.
Do you follow, that business now, for a living.
Yes I do.
In what State was you raised.
In the state of New York.
What is your age.
I am Twenty four years of age.
How long have you been in the state of Illinois.
Seven or Eight years.
Did you ever live up in Cane County.
My father and mother did.
Was Williams position between the Greys, and the Jail.
It was.
He was not very near the Jail.
No.
You say, you don’t know, which way he came when he came there.
No.
How long was it, after Smith was killed, before the Carthage Grays came to the Jail.
Not a great while.
How far has the Mob got away before the Greys came.
I could not say.
Did you leave town immediately after this occurence.
I did.
Cross examined by Lawyer Browning for the defence:
Mr. Daniels where were you living at the time the Smiths was killed.
About three Miles from Augusta.
How long did you live there before the murder.
About one year before.
Do you reside in Nauvoo now.
I have lived there for the last six or Eight Weeks.
When did you go to Warsaw.
Before this occurence two or three days.
Had you been there all the time for two, or three days prior to the killing of the Smiths.
I think I had.
What was you doing there.
I was not doing anything.
For what purpose was you there.
I was there in order to take a boat for St. Louis.
But I suppose you got disappointed and declined going.
Yes.
Have you and particular reason for abandoning your trip to St. Louis.
I had.
What was that reason.
The person, I expected to go in company with, one did not go, and I stayed there.
Did you belong to any of the Military companies.
Not untill, the morning before the murder, on that morning I joined the company.
Who was the Captain of that company.
Captain Davis.
Did he furnish you, with a gun and Baynet.
No.
At the time you joined the Company, did you report yourself to the Captain.
I did not know, who was the Captain.
Did you know Captain Davis.
I had seen him.
Was it him you went when you joined the Company.
I don’t recollect who it was.
Who furnished you with a gun.
I don’t recollect.
At the time, you joined that Company, and before you joined it did you know of any intention to Murder the Smiths.
I know of their intentions, to murder the Smiths, before that I joined, the Company.
When was you [illegible, could be ‘possessed’] of the knowledge of such an intention.
The night before I joined the Company.
In what way was you [illegible, could be ‘possessed’] of that knowledge.
From hearing the Officers the Officers converse.
Who did you hear converse.
I heard Grover, Oldridge, Davis, and Williams, I am not certain of anyone else.
Who of them was speaking.
They all said something.
Can you tell us the substance of what they said.
They talked of sending thirty men to Carthage to Murder, the Smiths.
Did they agree upon it.
They did.
Where were they talking.
On the parade ground.
Were their any other persons present, besides themselves.
I think there were.
Who was there beside them.
I cannot say.
How many were present together, Officers and men.
I cannot tell you.
Do you think there was, a dozen.
I don’t think there was.
Was their half a dozen.
I think there was.
And they were in close, confident, secret talk.
They were.
Where were you.
I was there.
Were all their backs towards you.
No.
You was behind some, and facing others.
Yes.
When you came up did they quit talking.
No.
Were you personally acquainted with any of them.
I had seen them before.
What time of the evening was it when you heard this.
Before dark.
They were standing out, on an open piece of ground, were they.
Yes.
There was no bushes about them, they made no secret of it.
No.
They did not care if every body should hear.
They were by themselves.
Out of what Companies were the [illegible] men appointed.
They appointed them out of Davis, and Grover’s companies.
Was Davis and Grover, present.
Yes.
In what way, did they, appoint them.
They called them out, some went, and some refused, to go.
Was you called up.
No.
At the time you joined Davis company did you do it with A veiw to go and kill the Smiths.
No.
What did you do it for.
That I might find out there purposes, and inform the Govener.
Could you belong to any of the companys without any body knowing it.
No.
Did any body try to prevent you from going to Warsaw.
No Sir.
After you first went to Warsaw you had started to go to Quincy has you not?
Yes.
Did any body stop you then.
No.
When you came to Warsaw what did you do.
I was put under guard.
Where did they put you.
I was put into a tent.
Who was guarding you.
I don’t know.
Did you know what they had arrested you for.
To keep me there.
Was this after the conversation.
Yes.
Then when they had got through they turned round and talked with you.
Yes.
Did Grover, Alridge Williams or Davis talk with you.
I cannot tell.
Did any one of these men speak to you upon the subject of the murder.
No.
How long was it after that before they had you arrested.
Night off.
Was there any body els put under guard.
I don’t know.
How many men was there.
Could not tell.
Was there fifty +
Did not count. I suppose the whole company would have watched me, they kept men up all night at the door of the tent.
You say this Pamphlet contains substantially the scercumstanses as they occured.
I said they where written by L. O. Littlefield.
You have read it have you not.
I think I have.
Is the account generally A true one. There is A good many facts in it.
I don’t know.
Is the account given here of you march from Warsaw as you gave it to Littlefield.
I think so.
Did you ever take it to A printing Office to have it published.
Littlefield did.
Did you go with him.
Yes.
Is that the same account you took to get published.
No.
That one was lost.
Then this is A different one.
Yes.
You made A new one – is there any difference between the two.
I have not compared them.
Is the facts of the same purport.
I think they are.
I see an advertisement with you name signed to it. Did you make it.
I did, but did not see it till it appeared in the paper.
A Daniel’s come for judgment. Pamphlets for sale as A true Narrative of the facts conected with the Murder of the Smiths. You advertised this.
I told Mr. Felps, and he put it in the paper in the form.
When you came to the Rail Road the troops where disbanded by Williams.
Yes.
After the troops were disbanded volenteres where called upon to go to Carthage.
Yes.
For the purpose of killing the Smiths.
Yes.
What time did you set out that morning.
About noon.
How far is the railroad from Warsaw.
I don’t know.
How far do you think it is.
I have no idea.
What time in the morning was it that these 20 men started to go to Carthage to murder the Smiths.
Early in the morning.
How long was it before you all left Warsaw together.
it was early when we left Warsaw.
Those 20 men started before you did.
Yes.
After they had got to the Railroad, as they had sent on twenty men, why did they beat up for volenteres to do the same thing.
They had sent after them to stop.
Did you see any white horses.
I did not.
When did the 20 Men sent to Carthage come there.
We met them at the crossing of the Railroad.
You all waited there until these twenty men returned.
Yes.
How long did you wait.
I cannot tell how long.
Did you see any among them riding a whit horse when they came back.
I don’t remmember.
When these 20 men returned did they make any report of what they had done.
I did not hear them say what they had been doing.
Did they not talk the mater all over when they came along.
The greater part of them was talking.
What time of the day did you join Davises company.
It was in the morning.
Before the march.
Yes.
Was you under gaurd.
Yes.
Did they permit you to leave the tent.
Yes and kept A file of men round me.
So you where A prisoner when you joined the company.
Yes.
You stated while going that Alridge and Sharp where on horse back.
Yes.
You stated also you saw no more of them till you saw them here in Carthage.
Yes.
You stated you did not see Williams till you saw him at the Jail.
I don’t recollect seeing him till them.
Where there no speeches made.
There was one made.
By who.
Sharp.
Did any other speak.
I did not hear any body.
Was Mr. Sharp standing or sitting.
He was sitting on his horse.
You cannot recollect any part of that speach.
Some parts of it.
Repeat those parts you remember.
The purpose of his speach was upon the necessity of killing the Smiths and get rid of the Mormons.
Was it not to get rid of the Smiths.
I mean to say that he said kill the Smiths.
[illegible] this the speach as repeated at length.
I do not know I did not write that speach.
(Refering to the speach in Daniels Book) Is this the spech Sharp made.
I told Littlefield the scercumstance and he put in the filling.
Was any thing said about the Govener.
Yes.
Tell it.
He said the Governer while at Nauvoo would get the news that the Smiths where killed, and the Mormons would rise and kill him.
Repeat now again what Sharp said about the Governor.
He said, that if they killed the Smiths the Mormons would rise and kill Ford.
Do you remember that Sharpe in making that speach swore or used oaths.
I do not recollect.
This speach concludes in these words (read the Pamphlet) “And we shall then be rid of the damned little Governor, and the Mormons too.-(cheers)” When the speach was concluded they cheered him.
Yes.
They seemed pleased I supose.
Some did and some did not all the troops cheered him.
There was likly to be A failour in getting in getting up volunteres.
Yes.
Did any body seem willing to start first.
Grover said he would go alone if no one els would go.
How meny where there who did voluntere and went, 70 o r80.
I don’t know exactly the number.
Did you count them.
I ran them over when the came up to the jail there was about 84.
After the troops where disbanded where you still under guard.
No.
You staid with the companys till they arrived within 4 miles of Carthage.
Yes.
When did Mr. Olridg have to go on.
4 miles from Carthage.
Did any body leave with him.
I don’t know. I did not see him when he left that place at all.
So you did not see him when he left how do you know he left you came on to Carthage.
There was the last I saw of him.
You did not see him leave.
No.
Did you see him start in the direction of Carthage.
I don’t know I did not see him any more after, for he did not go with us.
When did he leave the company.
I do not know when he went.
You did not see Williams after he left the railroad till you saw him here.
No.
At this 4 miles place did not conection take place between the Carthage Grays and Mr. Alridge.
Yes A note was brought by one of the grays which was read by Olridg.
Did Mr. Olridg read this note aloud.
Yes.
You heard him tell what it was.
He read it off.
Did it read as it reads in this Book.
I don’t know how it reads there.
(read the Pamphlet) Is it the same.
[illegible] this nigh the same.
[illegible] was delivered to Alridge.
Yes.
When you came to Carthage did you come alone.
No.
Who came in with you to Carthage.
I don’t know them.
Would you know them if you should see there faces.
I cannot say.
As you came did you and them have any conversation about this matter.
No.
And the troops permited you quietly to step out without puting you under guard.
Yes.
Had you A gun when you left the Railroad.
No I put it in the wagon.
Did any one of them know you was opposed to the murder of Smiths.
I do not no wether they did or not.
Did you say any thing to disswade them from it.
No but if the Agusta troops had been their it would not have been so.
Why did you not send in to Carthage to give them warning.
I told you before, they knew about it as well as any body els.
When you got to Carthage you went directly to the Jail.
Yes.
Did you go within the enclosure out side of the Jail.
No.
How far was you from the fence.
I was about the midle of the road.
in what direction from the Jail. In what position did you stand to the Jail when you first wen there.
In the front or south of the Jail.
Did you see any thing of great account there.
I did.
What did you see.
I saw the Mob.
Where in side or out side the enclosure.
Inside.
How long was it after the troops came their, before they left again.
I cannot tell.
Was it as much as ten minites.
I have no Idea.
Have you not some little Idea.
It might have been 15 minites I could not say.
Was there any strugle with the gaurd.
Yes.
Tell us about that.
They had A scuffle.
Did the guard fire at all.
I believe they did.
You kept your possition in front of the jail from the time you went up in front of the window.
I was in front of the Jail.
Did you go inside of the enclosure at all.
No.
Could A person get into the jail without first going through the enclosure.
I believe not.
About how far to the best of your knowledge is it from the front of the Jail to the fence.
About ten feet.
How far out side of the fence to where you was standing.
I was standing in the midle of the road.
Where you as far from the fence on the out side as the jail is on the other.
Yes.
You stood not far from the jail door in the midle of the road.
Yes.
Did you see any wounded men on the steps.
Yes.
How meny.
[illegible]
Did you see more than tow.
I saw three.
Did you see more than three.
No.
Did you know any of them.
Yes one of them.
Who was it.
Wells.
You did not know the other two.
No.
Did you hear these men say any thing about being shot.
Once said his arm was shot all to pieces.
This was Wells.
Yes.
Where any of these men mortaly wounded.
I do not know.
Did you see the blood run out of his arm.
Yes.
Did you see the wounds of the other two.
No I did not examin them.
How did you know the other two where wounded.
I saw the blood one of them was hurt in the leg.
Was it before or after these men came down stairs they went to the window.
After.
When the call was mad to go round to the windows you ran round.
I walked up.
Where did the wounded men go to.
One of them went round to that side of the Jail.
Where did you see the other two.
I saw them there.
Do you know how they got away from there.
I do not.
Where they the ones shot Smith.
I think one was.
Which one.
The one that was shot in the arm I saw him shoot Smith.
Did he hold the gun in both hands.
Yes.
You saw the blood run out of the wound.
Yes but I did not examine it.
You saw Smith fall out of the window.
Yes.
Tell us the manner he fell out what was the possion when you first saw him in the window.
He held with his hands on one side and his feet on the other his body hanging out.
How long did he hang there.
I do not know how long or short A time he hung.
Was his head to the North or to the South.
His head was to the North and his feet to the South and the troops where South and East of him.
Did any person shoot at him while he hung in the window.
No.
Was there any thing said while he hung there.
Col. Williams told them to shoot him.
When he fell did he lie motionless.
He did not attempt to rise.
You think at the time he fell he was not hurt.
I think not.
When he fell was there a rush to the place.
Yes A Young man rushed up to him, and said while he picked him up “this is old Jo I know him” and set him up against the well curb.
Did he hold him up.
No.
Was he alive then.
I don’t know.
I supose he had fainted in consequence of the fall.
Did Smith say anything as he hung in the window.
Yes he said “O Lord my God”.
Was there A great deal of noise in the confusion.
While he hung in the window all was still.
After this man had set him up what hapened then.
Men was appointed to shoot him.
Did the man who set him up continue to hold him up while they shot him.
No.
He took him and set him by the well and went off.
Yes.
Which side of the well did he set him.
On the south side.
Did the man who shot him stand in front of him or on one side?
They stood in A South Easterly direction.
Where they facing him?
No exactly.
How meny men shot him?
4 shot at him.
How far where they from Smith?
They stood at the fence 10 or 12 feet from him.
Did they all fire at the same time?
Pretty much at the same time.
Had Smith his open?
I don’t know.
Did he show any sign of pain when he was shot?
I did not see him give any sign of pain.
In this Book we have the following statement: “When Prest Smith has been set up against the curb, and began to recover Col. Williams ordered 4 men to shoot him, accordingly 4 men took an Eastern direction about 8 feet from the curb Col. Williams standing partly at their rear, and made ready to execut the order. While they where making preparation, and the muskets raised to their faces, Prest Smiths eyes rested upon them with A calm and quit resignation”. Is this true or fauls?
It is partly true and partly not I do not know if his eyes where shut or open I did not tell Mr. Littlefield as it is written in the Book.
Then the statment is faulse?
I did not tell him so.
Once of the men you say that shot shot at him was wounded.
Yes.
At what time did you see this marvolous light?
I saw it at the place after the shooting.
How long after?
A short time after.
Well tell us about that light?
It was like A flash of lightening there at the moment.
It was not like A streek then?
It was like A flash.
Was it about where his body lay?
It past right by his body at one side.
When he was shot did any person go up to him?
Yes A young man atempted to get to him.
Had he any thing in his hand?
That light.
How did it affect him?
He did not go any further.
Did he look frightened?
I don’t know I was very much frightened my self.
Then you did not see him stand like a marble statute?
No.
(The Lawier read from the 15th page of Daniels Book) “The ruffian of whom I have spoken who set him against the well curb, now gathered bowie knife, for the purpose of severing his head from his body. He raised the knife and was in the attitude of striking when A light, so sudden and powerful, burst from the heavens upon the bloody scene (passing its vivid chain between Joseph and his murderers) that they where struck with terrified awe and filled with consternation. This light in its apearance and potency baffles all powers of description. The arm of the ruffian, that held the knife fell powerless, the muskets of the four, who fired fell to the ground, and they all stood like marble statues not having the power to move A single limb of their bodys.
I did not write that neither did I autherise it to be written.
Mr. Daniels you say you did not write this or autherise it to be written, did you ever correct these statements in you Book?
I told Mr. Littlefield it was not correct.
It is stated “The arm of the ruffian fell powerless, the muskets of the 4 who fired fell to the ground &c Did they stand there?
They stood there and Williams called out to the men (who were retreating) for Gods sake to carry of there men.
They still did not move?
No.
Did they return and carry off the 4 men that shot Smith?
Yes.
Was there more than one man to carry one man?
I could not tell.
Where did you go that night?
I went to Mr. Scots.
Had you ever been at Scots before?
Yes.
What is Mr. Scot’s first name?
I don’t know his first name.
The night you staid there had you any conversation about the murder of Smith?
I told Scot about it.
Did you tell Scot you had asissted in killing Smith?
No.
Where did you go the next day?
To Agusta.
Did any other person stay at Scots that night but yourself?
I don’t know.
Did you sleep with any body?
No.
Was Derick Fouler there?
I don’t know him.
Did you tell any person there or any where els that you asissted in killing the Smiths?
No.
Did you ever tell any body that you assisted in holding the guard while the Smiths were killed?
No.
At Scots you went to bed and went to sleep, and did not know what happened after you went to sleep?
No.
Where did stay next night?
I stayed at home.
While at Scots did you hear any other person in conversation about this matter with Mr. Scot himself?
Not that I know if.
There is some account given in this Book about A vision you had Did you receive this vision at Scots or at home
(Objections where made by the atorney of the state to such questions as they were forign to the case)
Well I will just ask you wether after this occurrence you saw Joseph Smith.- Tell the jury about it, how he appeard to you and handed you A cup of water. There is A scene of that kind spoken of in this book.
I dreamed so Sir.
How long did you remain in the neighberhood of Agusta before you went to Quincy?
I got to Quincy about the 6th of July.
How long did you continue to reside in Quincy?
Within six or 8 weeks past.
Did you ever state to any person about the speculation you could make by swearing to some persons for killing the Smiths
(The states attorney objected to such questions being put)
I made no such statement to any perticular person.
Are you aquainted with Thomas Norise of Quincy?
Yes.
Where you ever hunting with him in the bottom near Quincy.
Yes.
As you where going home did you not tell Mr. [considerable space left] that you where to mak A speculation by swaring against these men?
I told him I expected for attending to it to get 500 Dollars.
Did you not tell him you where to get 500 Dollars?
No.
Did you not tell him that 500 Dollars had offered you to sware against these men?
No.
In your discourse did you say who it was that murdered Smith?
No.
Had you an offer made to at all?
Yes A man came in to my house, and told me I was A fool for [illegible] my affidavit, as I might have made money out of it he offered me 450 Dollars for my chance.
Who was it?
It was A Mr. Southwick.
Are you acquainted with him?
No.
Where does he stay?
In one of the hotels.
What hotel?
The city hotel.
Does he live there now?
I don’t know.
You don’t know where he went?
No.
Did he ever renew the proposition?
He offered me 500 Dollars to clear out.
You don’t know who he was making these propositions fo?
No,
He told me it would be better for me to leave the country for he thought they would kill me.
Who did he say would kill you?
The Mob.
You say positivly you never told [considerable space left] that you where offered $500 appearing against these men?
Yes.
Had you ever any thing offered you to appear against the Smiths?
No I said I expected so much for attending to it.
Do you know George McLean?
I think I do.
Do you know George Seabold?
I think I do.
Did you ever tell them that you where to get any thing for swearing in this case?
No.
Did you ever have any conversation with them or eather of them about this transaction?
I presume I have.
Did you ever tell them or either of them you did not know who killed the Smiths?
I don’t think I did.
Have you ever been offered $2500 not to appear against these men?
Yes Sir.
When was that offer made to you?
When I lived in Quincy.
By who?
Men I do not know.
Did you then at the time?
No I do not know that I ever saw them before.
Have you ever seen them since?
Not that I know of.
What time do you say this was?
While I was living in Quincy.
Before the last term of Court here?
I think it was.
By two men you don’t know?
Yes.
Where was it in Quincy they came to you?
It was third street on Jersy Street.
They met you in the street.
Yes.
What did they say when they first spoke to you?
The asked who I was.
Did you tell them?
Yes.
What aged men where they?
They where young men, but I could not say how old they are.
What size where they?
Between 5 and 6 feet.
Where they of the same size?
I did not take notice.
How long where you in conversation?
A short time.
What was the first thing said to you after asking your name.
They told there business they asked me who I was and told me what I would do if I would not appear in this Court.
Did they name any man?
No.
What did you say?
I turned away from them imeadiatly.
What time of the day was it, was it in the afternoon?
I am not positive I cannot say what time it was.
Did not their offer make A serious impression upon your mind?
It did not worrie me much.
Just tell us wether you thought it A usual occurence or not?
I thought it an unusual occurence.
But you paid so little attention to it that you turned away?
Yes.
What time of the day was it?
I do not know wether it was noon or after noon.
How where they dressed?
I did not take notice of their dress.
Was it cold or warm wether?
It was not cold wether before Court.
Had they on hats or caps?
I don’t know.
And you made them no reply?
No I [illegible] round and went off.
They met you in the street?
Yes.
And you stopt and talked with them?
No.
Then you did not stop at all then?
Yes.
You did not stop after you had past them?
No.
Then they held you?
Yes before I past them.
After you moved forward did they call to you again?
Yes and held out money to me.
What kind of money?
It looked like silver.
What pocket did they take it from?
I do not know what pocet.
What did you say to him then?
I did not say any thing but went off.
Where was you house from where you stood?
It stood on the corner of third and Jersey streets.
Where were you going when they met you?
I was coming from Marrins Cooper shop.
Had they been at you house to inquir after you?
Yes.
And they met you in the Street. Where did you mention this occuranse after it happened?
I told it to our folks.
Did you ever tell it to any other person?
I don’t know but I did.
Did you tell other person on the same day?
I do not know.
Did you not ask these men where they came from?
No.
Did you ask them who they where?
I do not recollect.
You do not remember wether you asked their names or not?
No.
Did you notice to see which was they went after they left you?
No.
How long was it after the Smiths was killed?
Do not know.
Was it before you joined the Mormon Church?
I forget I joined them not long before the last Court.
Did you ever see that gentleman before Mr. Mellin (pointing to A man sitting in the Court)
I think I have.
Did you ever say it was Mellen?
I might have said that he was like Mellin or about his size.
Did you not say you thought it was Mellin?
I do not think I ever did I might have described him saying about the size of Mellin.
Did you ever state to Thomas that you had written A book and got A considerable sum of money?
I don’t know if I did or not.
Did you ever tell him, McLean or Seabold, that you would make A great speculation in Nauvoo?
I do not know that I did.
This light was it like fire?
It was like lightening.
What time in the after noon was it?
It was in the evening.
Was it in the east side of the house of in the shade of the house?
In the shade.
There was no sunshine falling in that place?
No,
Have you been following your trade since you went to Nauvoo?
No.
What did you follow there?
I have not been doing anything.
Have you A painting or engraving there representing the Deth of the Smiths?
There is one there.
Have you been exhibiting it?
It was hanging in the room and the people wished me to tell them about it.
They wanted to know of this light I suppose.
Yes some thing.
And after it was pointed you exibited it?
Yes.
Did you give instructions to the painters?
No body told them about it I told them when exhibiting it that light was wrong.
Mr. Lamburn. You say you did not have anything to do with the painting of it.
I had nothing to do with it.
It was done by other people?
Yes.
The court adjourned till Monday Morning 7 Oclock