On Monday last, , Constable of this place, started for , for the purpose of serving several Summonses and Executions on citizens of that . Amongst these, were executions against some of the most prominent men of the Mormon Church. On Tuesday morning, while in the performance of his duties, he was arrested on a charge of being concerned in the murder of the Smiths. News of this proceeding, reached this place by Express about noon, on that day, and three discreet citizens were immediately despatched to , to see that ’s case was properly attended to.

The trial took place on Wednesday, and resulted in the commitment of , on the following evidence, as, taken down at the time it was given from the mouths of the witnesses.

was defended by Messrs. Sweatland and .

On charge for of Joseph and . Before , and , , at , sitting as a court of enquiry, Feb. 12, 1845. , , Benj. Brackenbury and John C. Burns, witnesses on behalf of the people.

Before going into examination a motion was made by the defendant, to examine witnesses separately, which was granted.

, a witness moved to postpone trial, until more witnesses could be procured from and :— Overruled.

, sworn.—As to my having any personal knowledge of ’s being a murderer of the Smiths, I have none.

Mr. Sweatland here objected to this proceeding any further. Court said, if knows nothing, it is unnecessary for him to proceed further. said, he did not expect to appear as a witness himself, having no knowledge of the subject; but there are witnesses

, sworn.—Question by People’s ,—“What threats did and others make, when kidnapping you? Question objected to; but objection overruled,— proceeded:

helped to kidnap and take me to —conversed with him about the Smiths, while taking me to .—He said he was ready to go with the mob to kill Smith—swore he did not care about the —would help to kill Smiths, and threatened the whole Mormon population; called the Mormons a damned corrupt people. He treated me worse than a negro —I never can like him. This conversation happened on the 2nd day of December, 1843—made the threats on the route to —would kill the Smiths because they were imposters—showed a malignant disposition towards me. The kidnappers had no writ for me; the writ originated in Hell— did not show any bad feeling towards me, the other day when he offered me his hand. Don’t know that an rests against for false imprisonment.

Benj. Brackenbury, sworn.—I don’t know a great deal. went to with company—did not see take any part in the murder—saw do nothing else than go out with compan[y] —don’t recollect any thing said by about killing Smiths. Was not close enough to jail to see or know any thing— did not know what company went for until we got within two miles of — drove baggage wagon to —was told by Burton, who was in employ of [Alexander] Pinchback, that they would take Smiths to and hang them—worked for a man in whose team was hired to carry baggage—don’t know what did—he went to jail with company and returned—don’t know that he went to the jail, but left with company to go and returned with them—I was 1/4 mile from jail on road—saw company at jail—saw five guns fired at jail; but don’t know who fired them. Company was not painted or disguised—knows since kidnapping scrape—never heard make any admissions—none of the company made any admissions but talked of Smiths being killed by the company.

was training with Company at ; I was hired to drive baggage waggon; was in company that returned from jail; when company left for jail, left a man to guard me or the waggon; company halted at rail road and eat dinner and fed; saw about two miles from rail road, but not at rail road; went up the hollow, where the company filed off to go to ; had on blue undercoat, same as he has on now, or one like it; none of the company were blacked or painted; lived, at the time, with Fuller, at , who hired out his team; none of the company enjoined secrecy on me; don’t know whether volunteered; was armed; he belonged to ’ Company, of Green Plains; never heard make any remarks relative to murder of the Smiths; was before Grand Jury at last Court; gave ’s name to Jury; but was not asked particularly about him; after company filed off, I went within quarter of a mile of the jail; don’t know all in the company, nor how many were in it; Did not see Guard at the jail; don’t know who commanded the company; and commanded the company; was not with and ; saw two or three times while going out; told all I knew about the matter before Grand Jury; don’t know whether went to from jail or not; saw him riding in baggage waggon with Ankram, belonging to ’ company; commanded regiment at . A man by the name of Wier commanded company at ; twenty or thirty returned to from rail road; don’t know the date, think it was Thursday; forgot the month. Can’t you recollect the month or day of the month? No! I had no Almanac. (Here the was questioned for some time in relation to the dates; but he insisted he could not state any thing about it.)

I am now at work for same man I worked for then; I went to work for Fuller the first of March, I had worked for him two months and a half before the Smith’s were murdered; cant say exactly; I left Fuller about two weeks after Smith’s were killed; I have forgotten whether it was before or after the 4th of July that the Smiths were killed; I think it was about 3 o’clock that they started up the hollow; I noticed particularly because he was once taken up for kidnapping; the sun was about two hours high when they came from the jail.

(Here the withdrew into the crowd, and was absent from the stand about ten minutes; when recalled, he was asked by if he could recollect the time? he said, yes, it was the 27th; what month, asked the defendants’ Counsel; the hesitated; but a man standing behind him prompted him, saying, “June, June.”) It was the 27th day of June; I told you just now; I did not recollect the day of the month, but I did not say I should not recollect. I know it was the 27th day of June, because I looked at an Almanac. I have not said any one told me the day of the month.

Wm. M. Daniels, called on part of the People; did not appear, although he was in the and Court adjourned to give time to bring him in.

—again called—stated that Smiths were killed on the 27th June, and re-stated what he had said before about ’s threats to kill the Smiths better than a year ago. His testimony had reference solely to the kidnapping and nothing to do with the case in point, yet it was allowed.

, sworn, on behalf of .—State what do you know of ’s being at the jail? I know nothing of it. Did you go after Brackenbury and Daniels to go to at Court? I did. What did they say about ’s being at the jail? , Attorney for the prosecution, objected, and said it would be impertinent to witnesses; and even if they had made statements to , it was of no account for they were not under oath.— proceeded.—Don’t recollect all that was said at the time; was a stranger to me; don’t remember any thing said with Brackenberry at that time; Brackenberry stated what he knew of the transaction; pointed out to me where he stopped; don’t recollect any thing said by Brackenberry about the transaction pertinent to issue; he said he did not know any persons at jail, and my impression was that he knew none; what I know about the persons atthe jail comes from Daniels.

, sworn.—Knew nothing of the matter further than that considerable hostility existed at against because of his being thought favorable to the Mormons.

Thomas Dixon, sworn.—Stated that he was in and saw Jo fall out of the window; did not see , thinks he should have recognized him if he had been there and dressed as now.

John C. Burns, sworn.—Stated that some time after August election, corrected him while giving a statement to the Marshall of , of the manner in which the Smiths were Killed; said there were 4 or 5 balls shot into him, and that he knew he was not killed by falling from the window. After left, Marshall of remarked that he thought must have been in the scrape.

Here the testimony closed and the Justices ordered to be committed.

The whole testimony in relation to the point at issue, it appears was given by Brackenbury, who is a son of old , one of the “Mothers in Israel,” whose office it is to make spiritual wives for the leaders. This Brackenbury is a half-witted trifling boy, whose word where he is known, is never relied on; and in this case, could witnesses have been got to he could have been impeached beyond doubt; but we do not suppose it would have availed anything. His testimony on its face was so contradictory that no impartial tribunal would have regarded it, but it was sufficient for Mormon purpose. Let every man make his own comments and in his own way.

Thursday Afternoon.— we learn has given the Brethren leg bail.—Good!! [p. [3]]