John Peyton sworn. I was part of the day on which Smiths were killed at home. Think I saw all the defendants that day—some at and some between and . Saw and in early in the morning. Did not see the rest there. We were fixing to go to . Were encamped at as ’s Troops. We went part of the way to and were discharged by . Don’t know that was there then. This was 5 or 6 miles from —possibly more. , , , Grover and were about there when the troops were discharged. It was about 12 M. Heard make a small speech; but don’t recollect all that he said. Said Joe Smith was now in —that the Mormons would select the county officers and by that means select their own jury and be tried within himself. Did not say any thing about killing Joe Smith. Some one, dont know who, think it was , called the men in a line and called for volunteers to go to . Don’t know what their intention was in going to . Were ten miles from . Saw all the defendants start for but —he went back—made no speech—told me he was going back. Over half of the troops started to . Think there was over 100 or about 100 started back to about 12 M. and were on horseback. Don’t know that any one exercised any authority. said something to the effect that the Mormons had every thing in their own hands and it was time to do something to redress our grievances. Didn’t say much. Don’t recollect all of ’s speech—he spoke of the grievances of the people as we then understood them, and said the says what you do you must do quickly. spoke first. He did not make a fair start, and came up and took it off his hands. Did not see [William] Grover at the time. Think Grover was about. came up as concluded. After they got through speaking, some started for , others home. Think all the defendants but , started for . Didn’t hear say a word. did not ride a white or a black horse; but can’t recollect the color. Had baggage wagons along. Saw one start—think it was owned and drove by Fultz. Think two or three started for . Don’t know whether they carried their arms or put them in wagons. This was on the 27th day of June, 1844, about 12 M. near the Railroad Shantee. lives south or south west of that. is west and is easterly.

George Walker sworn. I saw some of the Defendants on the day the Smiths were killed. Saw and , certain. Think I saw [William] Grover. Saw them at different places. Some of them at Railroad Shantee. Cannot say that I saw or . came up to company and said had done all the law authorised him to do. Said something about coming to [p. 3]