"A STRONG POINT FOR TREASON."
FIFTEEN days were consumed in taking testimony for the State. At the
expiration of that time the judge ordered the defendants to bring
forth their rebutting testimony or he would thrust them into prison.
"I could hardly understand what the judge meant," says Hyrum Smith,
"as I considered we were in prison already." The names of forty
persons, residents of Far West, were given to the court to be called
as witnesses for the defense, and the subpoenas for them were placed
in the hands of "Captain" or "Parson," which ever title the reader may
be best pleased to know him by, for he was both captain of a gang of
mobbers and a supposed minister of Christ, and now an arm of the civil
power--any way it was Bogard of Crooked River battle fame. He took with
him a force of fifty men and started for Far West; and in the course
of a few days returned with the forty men. They were at once put under
arrest and by this cunning were prevented from appearing as witnesses.
After executing this _coup de main_ the judge petulantly exclaimed:
"Gentlemen, you must get your witnesses or you shall be committed to
jail immediately." Most of the brethren felt very much discouraged
at the turn affairs had taken, but Hyrum Smith, under the advice of
General Doniphan and Lawyer Reese, gave the names of some twenty other
persons at Far West, who were desirable as witnesses. The same man was
ordered to bring the witnesses to Richmond, but in the meantime the
people at Far West had learned of the intrigue being practiced upon
them, and the persons whose names Bogard took with him, who had not
left the State, kept out of the way and he returned to Richmond with
but one man who was wanted, and he was thrust into jail and not allowed
to testify. The judge again urged the prisoners to bring on their
witnesses, telling them it was the last day he would hold the court
open for them.
While the brethren were in consultation with their lawyers a Mr. Allen
passed the window and Hyrum Smith beckoned to him to come inside, and
the prisoners then informed the court that they had one witness who
was ready to be sworn. But at this juncture the prosecuting attorney,
Birch, objected to having the witness testify, as this court was merely
investigating the case, and not trying it, notwithstanding the frequent
calls from the court asking the accused to procure witnesses. General
Doniphan here lost his patience, and rising to his feet he said: "I'll
be G---d----d if the witness is not sworn. It is a d---d shame to
treat these defendants in this manner. They are not allowed to put one
witness on the stand; while the witnesses they have sent for have been
captured by force of arms and thrust into the 'bull pen,' to prevent
their testifying."
No sooner, however, had Allen begun his testimony than he was taken by
the nape of the neck by a brother-in-law of the priest Bogard, kicked
out of the room and made to run for his life.
During this preliminary examination Judge King appeared extremely
anxious to fasten the crime of treason upon Joseph Smith and his
associates; and to that end he bent every energy, knowing that if a
charge of that character were sustained against them he could refuse
them bail. The judge asked one of the witnesses if the "Mormons" sent
missionaries to foreign countries. He was answered in the affirmative.
"Do the 'Mormons' profess a belief in the seventh chapter of Daniel,
and the twenty-seventh verse?" [A] asked the judge.
[Foonote A: "And the kingdom and dominion, and the greatness of the
kingdom under the whole heavens shall be given to the people of the
saints of the Most High, whose kingdom is an everlasting kingdom, and
all dominions shall serve and obey him" [meaning Christ.]--Daniel 7:27.]
"Certainly they do," replied the witness. "Then," said Judge King,
turning to the clerk of the court, and speaking with that dignity all
judges are supposed to possess, "put that down; that is a strong point
for treason!"
The examination resulted in the Prophet Joseph, his brother Hyrum,
Sidney Rigdon, Lyman Wight, Caleb Baldwin and Alexander McRae being
committed on a charge of treason, and sent to Liberty jail, in Clay
County.
Parley P. Pratt, Morris Phelps, Lyman Gibbs, Darwin Chase and Norman
Shearer were committed on a charge of murder for the part they took in
the battle of Crooked River; and were to remain in prison at Richmond.
The fifty-six other brethren that had been sent to Richmond as
prisoners by General Clark, and the forty brought down by Bogard
under the pretense that they were to be witnesses on behalf of their
brethren, were either released or admitted to bail. Those admitted to
bail, together with those who went on their bonds, were subsequently
driven from the State so that the bail was forfeited. Having followed
the brethren in bonds thus far, we must turn our attention to what
befell the main body of the Saints.