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.
Did you hear him say any thing in reference to the killing? I did not. Did you see any of these other men before the mob came up? I did not recollect but I think I saw . Where was that afternoon? In the street. Did you speak to him atCa yourself?
I think not. Did you know of any Carthage Gray sent out that day? No I do not think any Gray went out that day.
Cross examined by .
What time in the morning did you see ? About 8 o clock the time the orders where given to disband the troops. Do you know wether he had staid in town the night before? I do not know.
He retired. End of the examination of witteness for on the side of the .
William Smith sworn. I will get you to inform the jury wether you where in the Grand jury when the was found against these defendants. I was. Was there A witteness by the name of examined before you that day? There was. Have you ever seen him since? Not till yesterday. Hewas <Was it> the same man examined before you on the finding of this last term? I think it was. Will you relate what he said on that occasion in relation to being present at the jail <at the> killing of the smiths. He stated that was at the jail, that he rode on A dark bay or surral horese he rather thought A surral. Just state as near as you can the substance of his evidence on that occasion as relates to these 5 individuals. He stated that he was riding with A man by the name of Fuller and they came up within A quarter or half A mile of <from> the jail, and that he saw on horse back at the jail. He was asked by some of the jury if he was aquainted with and knew it to be him upon which he said he could not be mistaken I think he said also that rode out from the jail towards ; I dont know that I kno recollect any other scercumstance.
Do you recollect wether or not made any statement as to what said about the Smiths being dead? I think he stated [p. [82]]