In the original document, 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.
Eli Walker Sworn:
I will get you to tell the jury what you know about this transaction; where was you the day the Smiths was killed?
I was in Warsaw and I was at the railroad and I was at home.
What time was you at Warsaw?
In the morning
Did you leave Warsaw with the companys?
Yes.
Where did you understand you was going when you left Warsaw?
Goldens point.
Did you see any of these persons there, Williams Alridg Sharp Grover or Davis that morning?
I think probably I saw part of them there.
You came out with them?
I came out with one of the companys to the railroad shanties.
Was this on the same day the Smiths was killed?
I think it was I was informed they where [sic, were] killed that day.
What was done at the railroad Shanties?
The troops where dispensed.
Who disbanded them.
I think Col. Williams read the order if I recolect.
After the troops where disbanded did you hear any of these men say any thing about volenteers to come to Carthage here or did you hear any of them make any speaches
It would be impossable for me to tell what I did hear that day for I do not recolect.
Did Mark Alridge mak[e] a speach that day?
I don’t recolect.
Was there A call made for volenteers to come to Carthage?
I think there was.
Who called?
I don’t recolect.
Did you see Grover there that day?
I am not scertain.
Was Davis?
Yes.
Was Sharp there?
Yes, I think he was.
Did you hear Sharp Make A speech on horse back?
If I did I don’t recolect.
You saw him there?
I did.
Did you know that the company started from there to come to this place, that is the volenteer company?
I cannot say I knew it.
Did you see them start this way
I might have seen some persons start this way.
What was stated to be the object for calling volenteers?
I have not any recolection of hearing any person say.
Did you hear any thing said about coming to Carthage?
I heard some person say that day they thought of going to Carthage.
Was it generally spoknen of among the croud that the intention was to go to Carthage?
Yes it was spoken of.
Did you hear any dispute among them about who would go and who would not?
I did.
Tell what they said?
I cannot.
Did Davis say any thing wether he would go or not?
I heard him say that all those that where [sic, were] in favour of going to Warsaw and taking dinner at the Tavern would accompany him.
He was in favour of the Warsaw dinner?
Yes.
Do you recolect any thing of the substance of the disput[e] about who should come to Carthage and who should not.
The cause of the dispute I could not give you; some was in favour of going to Carthage and some where [sic, were] not.
Was it not said in the croud what they where [sic, were] going fore?
It was not understood distintly some for one thing and some for another.
Did they not put the Smiths in conection with it?
I think there was something said about it but what it was I do not know.
Did they say what they would do with the Smiths?
There was something said about blowing the jail to Hell.
Who said it?
I don’t know.
What was the reason some oposed coming to Carthage?
The only reason I had was because lawful authority had ceased and I wanted to go home.
Did you hear the others say the they would not ingage in it?
I could not say.
Do you recolect who it was that was engaged in geting the volenteers what was Williams doing did you see him or hear him say anything about it at all?
I think I did but what it was I cannot say.
Did he say any thing in favour of the volenteers or was he against it?
I do not recolect.
You heard him speak about it who was he speaking with?
I don’t know.
Did you hear Alridge say anything about it?
I did not.
Did you hear Sharp say anything?
Not that I recolect.
What was Sharp doing?
I could not tell you I think I saw him on horse back.
What time of the day was that?
As to the time of day I do not know probably between 10 and 12 o clock.
It was some plase in the middle of the day?
Yes.
Was Williams on horsback also?
I think I saw him on horse back.
Was Alridge?
I don’t recolect.
You only recolect Sharp Williams and Davis?
They are all I recolect.
Where was the last plase you saw Davis on horse back?
The last plase I saw him he was alone in the perairy [sic, prairie] I was going home and he was going to Warsaw.
What sort of A horse was Williams riding?
I don’t recolect.
Was this volenteering buisness to come to Carthage spoken of so generally that every body in the croud must have known of it?
I beleive it was spoken of publicly.
You heard Williams say something about the volenteering but you don’t remember what it was?
I recolect some thing that Williams said about it, But I wont mak[e] any statements only what I recolect sensibly.
You recolect hearing him say something but you don’t know what it was he said cannot you give us something he said?
I was sworn to act faithfully in this case.
(Well I beleive you are an honest man.)
I want to state to the best of my recollection and beleif.
Do you think you cannot remember something he said?
I am not willing to say that I cannot and yet I do not recolect distintly to tell it to you.
You can give the substanse of what he said cannot you?
Well sire I wont say it was him, it was either him or the captain of the company.
Those who would go to Carthage did they advance in front?
Yes.
What els was there said
I don’t know.
Do you recolect if Williams was in favour or against going to Carthage?
(Mr. Lambourn was opposed again from the defendants part)
Was Williams on horse back?
I think he was,.
When they called for Volenteers did they advance?
Yes.
Which side did Col. advanse?
No side.
When they was called upon did they go round those who would not go to Carthage?
They advanced in frunt places.
Where was Williams then?
Some distance as much as from 10 to A 100 feet from the company.
Who was with him off there?
I could not tell not then.
Where was he when the division marched?
I don’t know.
Where was the captain that gave the word of command after the volenteers had stept out from those who went with Davis?
I think he was in front.
Was Williams in frunt also?
I think he was.
You don’t know wether the Cap. or Williams gave he word of command?
Yes.
You say they where [sic, were] both in frunt?
I think they where [sic, were].
When the word of command was given all the volenteers advanced for Carthage?
Yes.
What was the others doing?
They where [sic, were] arguing upon it.
How meny was there in the company who where [sic, were] to advance?
Between 40 and 200.
Was there more than one company there?
There was two companys.
Before the order was given how did they stand did they stand in double or single file or where they arranged round?
I think they where[sic, were].
Was Williams A supereiour officer?
He read the order to disband.
Who was the supereiour officer?
I cannot so wether he or general Nocks.
You think Williams read the disbanding order?
Yes I think so.
Did you see these men after they had stept out what kind of an orgonisation they made?
I heard an observation made by A scertain individual that those who should go should follow the music.
Where was Williams when the music march along?
I don’t know.
Did those who would not go to Carthage go home?
I was one of the first who started off home.
You did not stay till the company started to Carthage?
I recolect being on the hill,
And they where [sic, were] standing at the bottom on the creek and I think shooting at A mark.
Who was it said they where [sic, were] going to blow the jail to hell?
I don’t know.
Did you hear any of them say they where [sic, were] going to kill the Smiths?
I could not tell.
Was there any cursing of the Mormons going on?
There was considerable of it done.
Who was it that gave the command to advance was it an officer do you think?
I think it was.
But wether it was Williams or the Cap. of the company you cannot recolect?
No.
Did you hear Williams raise any opposition to coming up here?
No sire I did not.
Do you think Sharp was on horse back at the time this advance was made?
Yes.
Did you see him more than once that day on the ground?
I could not say.
When you did see him you think he was on horse back?
Yes.
How meny Volenteered following the fife and drum round there?
I am not able to tell you what number there was.
Retired.