Hyrum Smith, sworn: Said that the defendant now in court is his brother, and that his name is not Joseph Smith, junior, but his name is Joseph Smith, senior, and has been for more than two years past. I have been acquainted with him ever since he was born, which was thirty seven years in December last, and I have not been absent from him at any one time, not even the space of six months, since his birth, to my recollection; and have been intimately acquainted with all his sayings, doings, business transactions, and movements, as much as any one man could be acquainted with any other man's business, up to the present time, and do know that he has not committed treason against any state in the Union, by any overt act, or by levying war, or by aiding and abetting, or assisting an enemy, in any state in the Union. And that the said Joseph Smith, senior, has not committed treason in the state of Missouri, nor violated any law or rule of said state, I being personally acquainted with the transactions and doings of said Smith, whilst he resided in said state, which was for about six months in the year 1838; I being also a resident in said state, during the same period of time. And I do know that said Joseph Smith, senior, never was subject to military duty in any state, neither was he in the state of Missouri, he being exempt by the amputation or extraction of a bone from his leg, and by his having a license to preach the gospel, or being in other words, a minister of the gospel. And I do know that said Smith never bore arms as a military man, in any capacity whatever, whilst in the state of Missouri, or previous to that time; neither has he given any orders, or assumed any command, in any capacity whatever. But I do know that whilst he was in the state of Missouri, that the people commonly called "Mormons," were threatened with violence and extermination, and on or about the first Monday in August, 1838, at the election at Gallatin, the county seat in Daviess county, the citizens who were commonly called "Mormons," were forbidden to exercise the rights of franchise, and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place, and from that time a mob commenced gathering in that county, threatening the extermination of the "Mormons." The said Smith, and myself, upon hearing that mobs were collecting together, and that they had also murdered two of the citizens of the same place, and would not suffer them to be buried, the said Smith and myself went over to Daviess county to learn the particulars of the affray; but upon our arrival at Diahman, we learned that none were killed, but several were wounded. We tarried all night at Col. Lyman Wight's. The next morning, the weather being very warm, and having been very