Account of Trial, , Hancock Co., IL, 21–28 May 1845, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Transcribed from shorthand [before 24 Aug. 1858]; handwriting of and Daniel Mackintosh; 106 pages; Report of the Trial of the Murderers of Joseph Smith, 1845, CHL.
of day I do not know probably between 10 and 12 o clock. It was some place in the middle of the day? Yes. Was on horsback also? I think I saw him on horse back. Was ? I dont recolect. You only recolect and ? They are all I recolect. Where was the last place you saw on horse back? The last place I saw him he was alone on the perairy [prairie] I was going home and he was going to . What sort of A horse was riding? I dont recolect. Was this volenteering buisness to come to spoken of so generally that every body in the crowd must have known of it? I beleive it was spoken of publicly. You heard say something about the volenteering but you dont remember what it was? I recolect some thing that said about it, <But> I wont mak any statements only what I recolect sensibly. You recolect hearing him say something but you dont know what it was he said cannot you give us something he said? I was sworn to act faithfully in this case. (Well I believe you are an honest man.) I want to state to the best of my recolection 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 substance of what he said cannot you? Well Sir I wont say it was him, it was either him or the captain of the company. Those who would go to did they advance in frunt? Yes. What els[e] was there said I dont know. Do you recolect if was in favour or against going to ? ( was oposed again from the defendents party) Was on horse back? I think he was. When they called for Volenteers did they advance? Yes. Which side did . advance? no side. When they was called upon did they go round those who would not go to ? they advanced in frunt [front] places. Where was 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 took marched? I dont know. Whogave where was the captain that gave <the word of> command [p. [53]]