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.
About this time a writing was drawn from some of their pockets, and some of them remarked it was not worth while to be losing time, about it, and handed it to , who refused to take it, saying he would not sign their obligation, but then said he would take it and read it, if it would be any satisfaction to them, and took it and went into the house and handed it to , who read it over, and said he could not sign any such obligation. Some words then passed, not recollected at this time, and they left the ’s house, saying they were going to see , , and others, and that they should sign that obligation. When they got on their horses, said, gentlemen, I don’t want you to go off and say that I refused to issue you civil process. turned on his horse, and one or two of the others saying, “You black son of a bitch, don’t you impeach us with lying.” replied he was not impeaching them with lying, but only requesting them not to lie. He replied, “you mob, you black son of a bitch, shut your head, or I’ll cut it off, or take your head.” then told them to put off, that he did not believe in being iusulted [insulted] in his own house in that manner, and they went off muttering something that did not understand. They said the cause of their coming was that they had heard that two or three of their men had been killed at the election, and that they had heard that a mob of about 30 men were to be at ’s house that day. replied to , that he knew better, that he was at the election himself late in the evening after the affray was over. asked him who told him there was to be a mob at his house, and he replied he did not know, but it was a respectable man. They remained absent about half an hour, and returned with about 154 men, from the best information could obtain, and approached ’s house, and surrounded it, and blocked up his doors. A , who came in foremost, asked if was at home. replied he was. then stepped obliquely to , drew a piece of paper out of his pocket, and said, we have come to be plain with you, the only alternative is for you to sign this obligation; and refused to do it. He then said if refused to do it, he would cut him down, or shoot him down. told him it was an unlawful and unjust request. He then said, we believe, from words that have dropped from your lips heretofore, that you are in a mob against us. At that time, or , or some other one asked him, if he knew Mr. Smith? He replied that he did not, but would like to know the gentlemen, and if he was there he would like to see him. Smith was then introduced to him. He said to him, Smith, that he would like for him to take a seat and have a conversation with him, he would like to know his object in surrounding his house with an armed force of men in that manner. Smith said they had come merely for the purpose of getting to sign an obligation, and a considerable argument ensued between them about the propriety of signing the obligation. told him he could sign no such obligation, that it was an unjust and unlawful act of theirs to attempt to com [p. 161]