PHILANDER AVERY. [Sidenote: [L. S.]] Subscribed and sworn to before me; in testimony whereof I have set my hand and affixed the seal of said court at Nauvoo aforesaid, this 20th day of December, A. D. 1843. WILLARD RICHARDS, Clerk of the Municipal Court of the City of Nauvoo, {123} _Affidavit of the Hamiltons_. STATE OF ILLINOIS, COUNTY OF HANCOCK, ss. On the 20th day of December, 1843, personally appeared before me Aaron Johnson, a Justice of the Peace in and for said county, Andrew H. Hamilton, and James B. Hamilton, of Bear Creek precinct, in said county, and, after being duly sworn, depose and say that on the evening of the 2nd day of December, 1843, at Vernon Doty's mill, in said precinct, Colonel Levi Williams, of said Hancock county, as principal, and his son, John Williams, with William Middleton, of the county of Clark and State of Missouri, Captain McCoy, of the said county of Clark and State of Missouri, John Fox of Green Plains precinct, and about a dozen other men, armed with pistols, dirks and bowie knives came forcibly upon Daniel Avery at said Doty's mill, and seized and bound him. The said Avery told them to stand off. They said they had a writ. He observed, he would not resist legal authority. They said they would take said Avery to Warsaw, and there to try him. The said Avery replied, "I understand you: you will take me to Warsaw, and there pass me over the river to Missouri." Some of said gang then shouted, "Lay hold of him; G--d d--n him, lay hold of him: there's no use of parleying;" at which Colonel Levi Williams, with a large bowie-knife in his hand, and others, then forced the said Daniel Avery to submit, telling him (without a writ,) that his life would be taken if he did not submit. They then tied him with silk handkerchiefs. Colonel Levi Williams and another person then led the said Daniel Avery away; and as they passed your affiants within the distance of about four rods, the said Daniel Avery cried out to one of your said affiants, "tell my friends where I am gone." Colonel Williams told said Avery to hold his peace, for it was of no use. William Middleton then got a horse; and after tying him upon said horse, as sworn to before by another witness, they then conveyed him to Missouri without an by another witness, they then conveyed him to Missouri without a writ or trial, as your affiants verily believe; and further they say not. ANDREW M. HAMILTON. JAMES B. HAMILTON. Subscribed and sworn to this 20th day of December, 1843, before me. AARON JOHNSON, J.P. Footnotes: 1. This was the upper room of President Smith's brick store. 2. This occurred on the 2nd of December. See Avery's Affidavit, Chapter VI, this volume. 3. The Ordinance was about a month later repealed at the suggestion of President Smith.