Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason]
Source Note
, Testimony, , Hancock Co., IL, 1 July 1843, Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843). Copied [3–6 July 1843]; handwriting of and ; docket by , [6 July 1843, , Hancock Co., IL]; docket by , ca. [6] July 1843; notation by , ca. [6] July 1843; twenty-eight pages; Nauvoo, IL, Records, CHL.
we would have him come in, he immediately came in, at that time retorted upon us again saying gentlemen are you not going to introduce some witnesses <also> saying it was the last day he should hold the Court open for us & if we did not rebut the testimony that had been given against us he should have to commit us to Gaol. I had then got Mr Allen into the house and before the Court, so called, I told the we had one witness if he would be so good as to put him under oath he seemed unwilling to do so; but after a few moments consultation the ’s arose and said he should object to that witness being sworn, and that he should object to that witness giving in his evidence at all, stating that this was not a court to try the case; but only a court of investigation on the part of the , Upon this arose and said “he would be God damned if the witness should not be sworn, and that it was a damned shame that these Defendants should be treated in this manner: and that they should <could> not be permitted to get one witness before the Court whilst all their witnesses even forty at a time have been taken by force of arms & thrust into the “Bullpen” in order to prevent them from giving their testimony.” After sat down the permitted the Witness to be sworn and enter upon his testimony but so soon as he began to speak a man by the name of Cook <who was a Son <or Brother> in law of priest the methodist and> who was a lieutenant <&> who<se> place at that time was to superintend the guard stepped in before the pretended Court and took him by the shoulder & the nape of his neck and jammed his head down under the pole or log of wood that was placed up around the placed where the inquisition was sitting to keep the bystanders from <intruding> from upon the majesty of the inquisitors, and jammed him along to the door and kicked him out of doors. He instantly turned to some soldiers who were standing by him and said to them “go and shoot him damn him, shoot him damn him.” [p. 20]