Transcript of Proceedings, circa 18 September 1838 [State of Missouri v. JS et al. for Riot]
Source Note
Transcript of Proceedings, , MO, ca. 18 Sept. 1838, State of MO v. JS et al. for Riot (Daviess Co., MO, Justice of the Peace Court 1838). Published [ca. Apr. 1841] in Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841; 159–163.
him if he or his company had been injured in any way, he, the , would issue process, and bring the offenders to justice. Something may have passed between and said , before made the last mentioned remark, but if any thing was said does not remember what it was, at present; said replied that they had been mobbed away from the poll books on Monday before, and prevented from using their republican privileges of voting, and that his life had been threatened, and he did not intend standing it any longer, he intended having satisfaction for the manner in which his people had been treated. Here something passed that is not particularly recollected by the , and said said that had threatened to cut his throat from ear to ear. The asked him for his author, and he refused to give it, but said it was a respectable man. then told him if he was afraid of his life, and would make oath of it, he would have brought forward, and dealt with according to law. He replied he was afraid of no man, and would not make oath that he was afraid of any man; told him if he would not, he could do nothing for him in that case. At some time in the conversation, when said was complaining of the treatment of his people at the election, told him that his people were the first to raise a deadly weapon, and that he considered them as much to blame as others. He disputed it and called on some of his men that were present and proved the reverse—he thinks , and is confident that stated that it was not as stated.
then stated that Esquire [Philip] Covington and himself had been consulted, and had concluded to bring up all the offenders at the election, and have them tried, but thought it advisable to defer it for a few days, until the excitement was allayed. At that time, or about then, said replied, that he did not intend to be tried by the civil authority, he intended having satisfaction for the way they had been treated by the force of arms—he intended having blood for the blood his people had spilled at the election—that he had once tried the civil authority in , and that they had lost about $100,000, and that he did not intend to try the civil authority any more: that had issued his Proclamation very favorably towards them, but had not complied with it, and he did not intend to try the Government any longer: that they were able to defend themselves, and intended to have their rights. Before this, had told said , that the was bound to protect them. Said said he could not put confidence in our at this time, and referred to him as being at the head of the mob in ; he also said he would love to have a pull at the , or disregarded him. thinks, the first he took, as the expression of a threat. Some time in the conversation, asked said why he wanted him more than any one else in the to sign an obligation? He said he intended to go to all the civil and military officers in the , and they all should sign a similar obligation, and that those who did not do it should be shot down or cut off. [p. 160]