History of the Church of Jesus Christ of Latter-day Saints, Volume 3Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 3
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
And your petitioners testify that all the testimony that had any
tendency or bearing of criminality against said Joseph Smith, Jun.,
is false. We are personally acquainted with the circumstances, and
being with him most of the time, and being present at the time
spoken of by them, therefore we know that their testimony was
false; and if he could have had a fair trial, and impartial, and
lawful examination before the court, and could have been allowed
the privilege of introducing his witnesses, he could have disproved
everything that was against him; but the court suffered them to be
intimidated, some of them in the presence of the court, and they
were driven also and hunted, and some of them driven entirely out
of the state.
And thus he was not able to have a fair trial; that the spirit of
the court was tyrannical and overbearing, and the whole transaction
of his treatment during the examination was calculated to convince
your petitioners that it was a religious persecution, proscribing
him in the liberty of conscience which is guaranteed to him by
the Constitution of the {279} United States, and the state of
Missouri; that a long catalogue of garbled testimony was permitted
by the court, purporting to be the religious sentiment of the said
Joseph Smith, Jun., which testimony was false, and your petitioners
know that it was false, and can prove that it was false; because
the witnesses testified that those sentiments were promulgated
on certain days, and in the presence of large congregations;
and your petitioners can prove, by those congregations, that
the said Joseph Smith, Jun., did not promulgate such ridiculous
and absurd sentiments for his religion as were testified of and
admitted before the Honorable Austin A. King; and at the same time
those things had no bearing on the offenses that the said Joseph
Smith, Jun., was charged with; and after the examination the said
prisoner was committed to the jail for treason against the state
of Missouri; whereas the said Joseph Smith, Jun., did not levy war
against the state of Missouri; neither did he commit any overt
acts; neither did he aid or abet an enemy against the state of
Missouri during the time he is charged with having done so.
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