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.
Eliza Grame [Graham] Sworn:
Where was you the night Smith was killed?
I was at the Warsaw tavern.
The Warsaw hous, Mr. Fleming’s?
Yes.
Was Mr. Fleming at home?
No he was in Boston.
Where was Mrs. Fleming?
At home.
Tell the jury if Mr. Sharp came to Flemings house that night?
Mr. Sharp came in and said he was very dry for he had come from Carthage in less than an hour; he was asked how they came on in Carthage, he answered we have finished the head leading men of the Mormon Church.
Was this before or after dark?
It was about dark.
Did he seem to be fategued?
Yes Sir.
Did he come in A carraige?
Yes.
Did he say they they had finished the leading men or the leading man?
He said the leading man.
How long did he say they had been in coming from Carthage?
Less than an hour.
Did he ask for A drink of water?
Yes.
That was all he said?
Yes.
What took place that night?
About twelve A clock at night Davis and Grover came in together Mr. Key came after them and called for supper for about 30 men.
What took place then did you get supper?
Yes.
How long was it before the men came to eat it?
A few minits.
Was there A call made for super for any more men?
Yes about 15 minits after for 20 more men.
And you and others where cooking for them?
Yes myself and Mrs. Fleming got supper for them.
How meny got super there?
About 50.
Did you see any wounded men there?
Yes I saw two one of them was wounded in the arm, and the other slightly wounded in the cheek.
Did you see what they did with them?
He asked if he could have A seat by the kitchen stove We said he could.
Who sat by the stove?
The man that was wounded in the arm.
How meny had you to super?
From 40 to 60 men I think about 60.
Had they any thing to drink?
I did not see them drink anything at all.
Did you see Alridge there?
I don’t know him.
Did you see Sharp there after supper?
No.
Did you see Williams there?
I do not know him.
All that you saw there where the three you named Davis, Grover, and Sharp?
They are all I knew; I did not see Sharp any more after he road up for A drink of water.
Do you know A good meny people about Warsaw?
I knew A good meny of them about Warsaw.
Did you hear the men talking about anything while at supper?
I did.
What where they talking about?
Some said they had killed old Jo, another would make answer that he had Grover said he had killed old Jo.
Then they made no secret of it at all?
No.
Did you understand from Davis that he had not been to Carthage?
That is what he said.
When they said Old Jo did you know who they were talking about?
Yes they men Joseph Smith.
Did they say it it out in full?
Yes they said old Jo Smith with an oath.
Had they any arms with them?
I did not see any.
Where did the men go after they had got through supper?
Part stood gaurd, and part went up stairs to bed.
What time did they get up next morning and left the house?
I do not know.
Was they there at Breakfast next morning?
There was not near so meny at Breakfast as was at supper.
Did you see Grover and Davis there the next morning?
Yes.
Did they board at Flemings house.
Yes.
Was Sharp there to breakfast the next morning?
I did not see him.
Had the family gone to bed that night or where they all up?
They where all up.
You say Grover and Davis boarded there?
Yes.
Had they been about the house before they came to supper?
No.
Was Grover and Davis there at regular supper time?
Yes.
Did Grover and Davis come A little before Mr. Key called for supper?
They where at the door About the same time.
What did Mr. Grover say about these wounded men?
He went and asked the one wounded in the arm if he could sit by the stove? He said he could.
How long did he sit there?
I don’t supose he sat there more than one hour.
Did any one come to talk with him while he was there?
No.
Did you know the wounded man?
Yes it was William Boarus.
You had seen him before?
Yes Sir.
Did you hear any of them say how Boarus got wound?
No.
Was there any thing said next morning about this matter?
I did not hear any thing said.
How many was there on gaurd that night?
I cannot say.
Was there any alarm during the night?
I did not hear any alarm that night.
What time did the family get to bed that night?
About 2 o clock in the morning.
How meny in that crowd did you hear talking about killing Jo Smith?
It was the generrall talk.
The general [illegible] of their talk was what they had been doing that evening?
Yes.
When did you next see Sharp?
Next day about breakfast time.
Repeat that which Sharp said when he brought the information to Warsaw.
It was not quit dark when he came, and wanted A drink of water, Mrs. Fleming asked him how they had come on at Carthage, he said we have finished the head leading men of the Mormon Church.
Do you know what became of Boarus after that night?
I do not.
Did you hear Davis say that night or after at any time that they had killed Smith?
I did.
They all seemed to rejoice over it?
Yes.
Did you hear them say anything more about Mormons?
I did not hear them say any thing els about them at all.
Cross Examined by Browning:
You saw Mr. Sharp drive up?
Yes.
Was there any one in the carriage with him?
Yes.
Do you know who it was?
Yes, it was James Grame.
Was it A two horsed caraige or a common bugie?
It was A two horsed carraige.
Was there any one in the carriage with him besides James Grame?
No on that I saw.
How meny seats had it?
It had two seats.
This was before dark?
It was just about dark.
Mr. Sharp did not board at Flemings you say.
No.
How long did Sharp remain in the house?
A very short time.
What part of the Town does Flemings house stand?
On the hill.
Where abouts in Warsaw is Sharps house?
It is across the street from Flemings.
Is it nearer the River?
No it is further from the river.
He came on to Flemings and passed his own house?
Yes. at the time Sharp came had you heard any news from Carthage?
No.
It was in the hall you saw him I supose?
Yes.
Was you and Mrs. Fleming in the hall?
I went to the dining room door.
Did he see you?
Yes.
Did he speak to you?
No.
Was that all that past between him and Mrs. Fleming asking for A drink of water? And he had come from Carthage in less than one hour and they had finished the head leading men of the Mormon Church?
Yes.
What did you understand from what he said?
I suposed that Joseph and Hiram Smith was killed.
Had you head them make threats to kill the Smiths.
No.
Had you heard Sharp make any threats?
Yes.
Did you and Mrs. Fleming have any conversation on the matter, after he left?
No.
Did you talk about it to any other person in the house upon the subject?
Yes I spoke to Mrs. Booses upon the subject.
Where was it you heard Mr. Sharp make threats?
A great meny times I heard him day he would kill the Smiths, and drive the Mormons that day he went to Goldens point.
Who was he talking with that morning before left?
I could not name any one.
What time in the morning was it you heard him make these threats.
I heard him make those threats early in the morning soon after breakfast.
Did you see him when he started for Carthage that day?
Yes I say him when he started for Godens point.
Was he on horse back or in a carraige? He was in a carraige?
Yes.
Whose carraige was that?
I don’t know but I have seen it A great meny times in Warsaw.
How meny miles is it from Warsaw to Carthage?
About 18 miles.
What at that time was the condition of the roads between here?
I cannot tell you.
Had there been much rain about that time.
Yes.
You saw Sharp start in the morning to Golden point?
Yes.
The same evening he returned in the same carraige?
Yes.
Before that came in the night had you heard any thing more about the killing of the Smiths that what Sharp had said?
No.
You say that Davis and Grover where regular boarders at Flemings at that time?
Yes.
Had you seen Grover before, that day?
Yes I saw him in the morning.
What time in the morning?
At Breakfast.
On the morning of the day the Smiths was killed?
Yes.
Did you see him after till he returned at night?
I did not.
Had you seen Davis before on that day?
I saw at Breakfast.
After breakfast you did not see him till mid night?
No.
Will you repeat to me again what Davis said about this afair?
When he came in he said we have killed the man.
Repeat what Grover said if you please?
He said he had killed Old Jo.
Was there any other person talking of the same subject at that time?
They where all passing backward and forward through the dining room at the time.
You had not gone to bed when they came?
No.
Was it A generall thing for you to sit up till mid night?
No.
No person had gone to bed about the house?
Some of the children might have gone to bed.
What time did you get to bed that night?
About 4 in the morning.
There was no preperation made for supper for them before they came?
No.
After they came did they go at once into the dinning room?
Yes.
Could you state who came into the dining room?
No.
Did Grover and Davis come into the dining room?
Yes.
Did key remaine there till supper was ready?
No.
Where you in the dining room all the time they stayed there?
No I was backwards and forwards getting supper.
How was the kitchen situated?
It was joining the dining room.
You think there was about 20 men came with Davis and Grover?
I cannot say how meny.
Afterwards supper was called for 20 more?
Yes.
Most of the persons who took supper there that night where from the Warsaw inhabitents besides Grover and Davis?
Yes.
Name one of them.
I don’t think I can.
Did Grover bring a wounded man into the kitchen?
He did.
Did you know his name?
Yes.
What was his name?
William Boarus.
The company was generally talking about the murder of the Smiths?
Yes.
Was there any other persons talking about it besides Grover and Davis?
Yes.
You where most of the time in the kitchen?
No.
Who was cooking supper?
I set the table and my haunt cooked supper.
What was it that directed your atention so much of the time to Grover and Davis?
I had no such an Idea that they would have done such A deed I was astonished at them.
Who was in the house with the family besides yourself?
A young man by the name of Moses Black.
Was they there at the time Davis and Grover came in, and remained there?
No. he went out to stand gaurd.
He was not in the house when they came?
No.
Which arm was that man wounded in?
I cannot tell my mind was otherwise ingaged then to see which arm he wounded in or that he was wounded at all.
How did you know that he was wounded then?
I heard Mr. Grover say so.
Did he lament in his arm A great deal?
No.
Was there any Phisician in to see him?
No.
Did he stay at the house that night?
I cannot tell.
Did the wounded men eat any?
I did not see him eat any.
Can you state what of the arm he was wounded in?
He was wounded in the shoulder I heard them say so I heard Mr. Grover say so for Mrs. Fleming asked where he was wounded and Grover made answer and said in the shoulder.
Did Mrs. Fleming ask who the wounded man was?
She did not.
Did she ask whether he was shot?
Yes and Mr. Grover said he was shot in the arm.
Did he say by whome?
No.
You are scertain Grover breakfasted there that morning?
Yes I am scertain.
Did you see Grover and Davis the night before the Smiths was killed?
Yes Sir.
Where did you see them?
I saw them at supper.
Did they stay there the night before the Smiths where killed?
Yes.
Was the troops encamped in the neighbourhood of the house the night before the Smiths where killed?
Some of them where.
Did Did not Mr. Grover command the troops?
Yes.
Might he not have staid all night in the camp the night before the Smiths where killed?
No Sir he staid at home.
Was it not A habit of Grovers to take his meals at the tent too?
No sir he took them regular at home.
Are you scertain he breakfasted there that morning?
Yes Sir I am scertain.
Can you say wether Davis and Grover staid there the night the Smiths where killed all night?
They stood guard that night sir.
You say the most of the persons who took supper there that night where speaking about killing the Smiths one would say I killed old Jo another would say no you not I did?
Yes.
You cannot remember any person who was talking so but Davis and Grover?
I did not hear Davis say Grover is the only person I heard saying so.
Where these persons armed?
I did not see any arms.
Did they come on foot or on horse back or in wagons?
I cannot say.
Where there meny persons at supper that evening at supper time?
Not meny there was but A few.
Did you take supper before dark?
Yes.
When supper was over Sharp came?
Yes.
You are scertain Davis was not there at supper time?
Yes Sir I am scertain.
Did Davis say I have killed the men or we have killed the men or they have killed the men?
He said we have finished the men.
You Don’t know who he was addressing himself to at that time?
No.
Did you not hear Davis say he had not been to Carthage at all that day?
I did not.
Did you not make any inquiry of any of these persons if the Smiths where dead or not?
No.
Did you know at that time the Smiths where dead.
I knew nothing only what I had heard them say.
Did they say there was any body els besides?
No.
What made you suppose they where the only ones killed?
I heard them say they had killed old Jo, and that they had finished the leading men of the Mormon Church.
Who where the leading men of that Church?
Joseph and Hirham Smith.
How meny leading men have they?
There is three that form the first council of the church.
They where part of the council?
I suppose so Sir.
Was there any but two leading men at that tim?
Yes there was more.
Who was the third leading man?
I don’t know.
Was there any light in the hall when Davis and Grover first came in?
I don’t know.
Was it A moon light or A dark night.
I cannot say.
Where was the young man wounded?
Some where on the cheek.
Do you know which cheek.
No.
Was there any blood upon the wound?
There was A plaster on his cheek.
How did you know he had been wounded at Carthage?
I heard him say so myself.
Who did he say wounded him?
I did not hear him say.
Did he say what with?
No, he said I have been wounded in the cheek.
And you looked there upon and saw the patch?
Yes.
Did you see any signs of Blood?
No.
Did you hear any one say wether there was any troops from Adams County that night?
I do not know.
Did you see Cap. Fallard and his company there?
I did not that I knew of. Was there not some alarm given that night at Fleming house?
Not that I know of.
Do you recolect runing into the yard calling upon some person to protect you all?
I neither called upon one one man or another to protect me. On that night, there was on friday evening an alarm given the stage driver have said the Mormons where all ready to come into Warsaw.
Where you alarmed?
No but there was a great meny that where expecting the Mormons but they were mistaken, I had not ocasion to be alarmed. I had told haunt that she need not bee afraid for the Mormons where not coming. I had said I wished to be at home in Nauvoo but to say I was afraid I was not.
Moses Fleming went to quincy?
Yes.
What time?
They where killed on thursday and we went on friday night.
How long did you remain in Quincy?
Till tuesday following.
You say you cannot remember wether it was a moons light or a dark night or whether there was a light in the Hall or not?
No.
Where did you first see them as they came in?
I saw them going into the dining room door?
When you left Warsaw and went to Quincy do you know wether the Quincy troops had left that place for Warsaw?
They came up on Friday.
On what boat did they come up?
On the Boarus.
Where not the Boarus and [illegible] both up that day?
Yes.
Whilst at Quincy where did you board?
At Moses Dicksons.
Did you not say there to come persons that you did not know any thing about the killings of the Smiths?
No.
Did you never state A long time after you did not know any thing about it?
Yes I did so to great meny people.
How long after the occurence?
About 2 weeks after it. The question was never asked till after I left Quincy for it I owned it I feared to be called up as A witness and I did not want to appear.
Did you not deny to Moses Fleming you knew any thing about it?
Yes I did.
Did you not say in the presence of Mr. Ronalds and Warren at Quincy you did not know any thing about it?
No Sir I did not.
Do you know Mr. Ronalds?
I know him
Was he boarding at Dixsons with Warren?
Yes he was.
You never talked in their presense?
No I never did.
Who did you tell it to in Warsaw?
To my Father.
Did you tell it to any other person?
No I did not to any person at all.
Did you always deny it after you left Warsaw?
Yes but I was not afraid when I was at home for I was independent.
Did not the reason exist for denying it after you went to Nauvoo or before?
Yes for I denyed it for fear of being called upon as A witteness.
Have you denyed it since you went to Nauvoo?
No.
Did you never at any time after you went to Nauvoo deny it?
No.
You change your statements!
There is no change in my statements at all for the question was never asked me in Warsaw I had therefore no ocasion to deny it.
You said you had told it to A great meny persons.
Yes I told it to A great meny but I did not mention any names.
Did Grover and Davis know you where present when they where talking about it and that you belonged to the Mormon Church?
Yes they knew all about it before.
Had they heard that you had heard them talk among the other men that evening?
My father was down A few weeks after and I told him, father knew what I had heard them say and no one els except my friend. I never told them I supose my freind had told them.
Was there any fire in the kitchen that night?
There was fire in the stove but it was not hot.
How long was you in getting supper ready for 60 men?
About one hour.
At that time how long had you been living at Mr. Flemings?
I cannot exactly say.
After that you went to Nauvoo?
Yes about 6 weeks afterwards.
You still reside at Nauvoo?
Yes.
Have you lived there ever since?
Yes.
Are you A member of the Mormon Church?
Yes I am.
Are you not afraid you will be murdered?
No.
How long is it since you joined the church?
5 years.
Have you been A member all the time?
Yes.
Do you know what kind of horse and carriage Sharp came home in?
No.
Did James Grame come into the house?
No not that I saw of I saw him in the carraige.
Where did you first learn you would first be called as A witness in this case?
Last Wensday.
Did you ever have any conversation with any person whatever on being A wittness in this case.
No.
Had you had any conversation with any persons since last wensday what you where to sware to in this case?
Yes that Gentleman pointing to Mr. Lamburn.
Tell what that was?
He told me to tell the truth and nothing but the truth.
Before that time you have never had A conversation with any person whatever have you been examined on this case?
No.
Have you had meny conversations upon this subject at all?
Not a great meny.
Are you aquainted with Mr. Daniels?
I never saw him I never saw him till I saw him hear in Carthage court.
I supose your father resides in Nauvoo?
Yes.
Do you live with his family?
Yes.
As it ever been an object of conversation with you fathers family?
No not A great deal.
When you spoke to your father in Warsaw, did you charge him not to tell it?
Yes.
Did your friend tell it?
No.
When did you first tell her?
About 6 weeks ago.
And up to within the last 6 weeks you never mentioned to any person in any case except your father what you heard Grover and Davis say?
No.
Did they ask you any questions?
No.
Was there any great talk about it in Nauvoo?
No Sir it was not a great deal talked about.
Do you know one Mr. Joning?
No.
Did you and him ever have any conversation about this matter?
No Sir not any.
Did you and him ever talk about what Grover and Davis said?
No.
How did happen you did not talk about it to Moses Fleming?
He knew I did not hear any thing about the matter at all.
You was afraid to be summoned as A witteness I suppose?
I did not want to hear any thing at all about it, and I did not care any thing about it.
You say you sat up two hours after supper?
Yes we had the things to move away before we could go to bed after suppers was over.
Where there any other persons went to Quincy on the same boast besides yourself from Warsaw.
I don’t think there was.
When Sharp drove up that evening was his horses sweating very much?
I did not notice.
How long before day was it you said you went to bed?
I said we went to bed about 4 oclock.
Do you know what time you got up the next morning?
It was day light Sir.
How long had you been in bed?
I went to bed at 4 o clock and got up when it was day light.
Was you in bed 2 hours?
I supose we where prahaps more.
It was the 27th of June?
Yes sire it was.
Did you sleep any after you went to bed
No.
You can then form A pretty good Idea how long you was in bed?
I said 2 hours and it might be more.
Do you know Mr. Fellps of Nauvoo?
No Sir I do not.
Do you know Taylor?
I know him by sight.
Do you know Brigham Young?
Yes.
Had you every any conversation with him.
No.
Do you know Mr. Littlefield?
No.
Do you know Orson Pratt?
I know him by sight.
Are you aquainted personally with any of the Twelve?
No.
Do you know any one of them?
I know them when I see them.
And you are not aquainted with any of them?
No.
Do you know either of the Misses Smiths?
I know them by sight.
You are not aquainted with them?
No.
Retired.