Memorandum of Testimony, circa 27 October 1844, Copy [State of Illinois v. Williams et al.]
Source Note
John J. Hicok and James Reynolds, Memorandum of Testimony, , IL, ca. 27 Oct. 1844, State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Copied [ca. May 1845]; handwriting of ; four pages; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL.
for coming here to give testimony. I have never been offered anything to come and testify against the men who killed the Smiths.
Benjamin Brackenbury Called Sworn before the Grand Jury, Says, that he drove one of the baggage Wagons, that left for (or ) on the morning of the day the Smiths were killed in , when they got to the rail road Shantee, at the railroad, the troops were disbanded, he said would not drive the Wagon back to , Capt. [William] Grover had a Consultation with Mr Fuller the man that I was to work for, and who owned the team I was driving, and Mr Fuller agreed to take the baggage to for Capt Grover, and Grover was to pay six Dollars. Mr Fuller <sent> sent me drive the team, Capt Grover said he wanted to go to to see the , to ascertain why the disbanded the troops with the arms in their possession as he (Grover) had given security for them. The wagons and men went on together towards . I was was about the middle of the procession, a Carthage Grey met us and took & Henry Stephens out to one side and talked with them, Carthage Grey said if you are a going to do any thing now is the time, do not know it was Carthage Grey, was told so, first I saw the Carthage Grey he was talking with & Stephens, they kept the road some distance further, and then the men turned to the left along a hollow. Grover said “they wagons need not be in hurry about getting <in> to , they had better keep 1/2 mile apart, had two Gallons of Whiskey in my wagon, besides a pint bottle full the guard had. I asked the guard that were Placed over my Wagon what <(where)> the Carthage Grey went, he at first would not tell, but after a while said they were a going to take Jo Smith to and hang him. I stopped and fed my horses, then went on, got within a mile of the Jail, saw men coming out the woods, go along the fence towards the jail. I stopped within 1/4 or 1/2 mile of the jail, saw the [p. [3]]