Some twenty days after Mr. Black had made such good promises, he and some others had papers made out for the arrest of Joseph Smith and Lyman Wight for coming into Daviess co., and doing all kinds of wicked deeds. When the constable called on Joseph at Far West, Joseph said he was willing to stand trial, but he wanted it to be in Caldwell, instead of Daviess county, as in the latter there existed too much excitement and ill-feeling. The officer did not arrest the Prophet at this time, but the report spread that Joseph had resisted the officer and would not be arrested. To prove how false this was, Joseph with his brother Hyrum and some others, went to Daviess county for trial. At this trial Mr. Black swore to some wicked falsehoods, and although four witnesses told the truth of the matter, Joseph and Lyman were bound over, that is, they were to be ready to stand trial when the regular court should meet. False reports now flew far and wide again, and the mobs began to gather from other counties to "help drive the Mormons from the State." Some of the mob painted and dressed themselves up as Indians. The Saints, especially in the smaller settlements, were attacked, until they had to flee to Far West for protection. The Saints now thought it time to protect themselves from the mobs, so they organized a company of state militia. Lyman Wight was an officer in this militia and he commanded the men. He succeeded in driving the mob from Daviess county, but this of course, only made the excitement the greater. On the evening of October 24, 1838, news reached Far West that a Methodist preacher by the name of Bogart was leading a mob to destroy the property of the Saints on Log Creek. That same evening a company of about seventy-five men led by Captain David W. Patten mounted their horses and rode to the scene of trouble. Early the next morning, just as it was getting daylight the mob was found encamped on Crooked River. The Far West Militia dismounted and marched on to the enemy. A battle took place. The mob took refuge behind the river bank, while the brethren charged them sword in hand. The enemy was soon put to flight across the river. As they were fleeing, one of the mobbers wheeled around from behind a tree and shot Captain Patten, who instantly fell. A number of brethren were badly wounded, and two died the next night. One was Patterson O'Banion, and the other Captain Patten. Brother Patten was a member of the first quorum of Twelve Apostles. He had taken an active part in the affairs of the Church up to the time of his death, having filled many missions and done many great works in the name of Jesus Christ. Apostle Patten was one of the first martyrs of the Church. Of him Joseph the Prophet said at his funeral: "There lies a man who has done just as he said he would; he has laid down his life for his friends."