They then petitioned the county court, and in about three weeks afterwards Judge Turnham came into their prison and said he had permitted Sidney Rigdon to get bail, but he had to do it in the night; and that he would have to make his escape in the night as his enemies had sworn they would kill him if they could find him. The judge said that he dared not admit the others to bail, lest it should cost him his own life, as well as theirs. The judge informed the prisoners that the whole scheme for the expulsion from the State of the "Mormon" people was arranged early in the spring, and that every officer in the State from the governor down was connected with the plot. He said the governor was now heartily sick of the whole transaction and would grant them a release if he dared; but the matter had gone beyond his control. However, the judge bid the prisoners to be of good cheer, as the governor had arranged a plan for their escape. In April the prisoners were taken to Daviess County, where they expected to be tried. Here they found Judge Thomas C. Birch on the bench--formerly the prosecuting attorney for the State in the _ex parte_ examination of the Prophet and his companions before Judge King at Richmond, and the man who was connected with the court-martial that condemned them to be shot in the public square at Far West. They were arraigned by a grand jury, composed of men connected with the massacre at Haun's Mill, some of whom, while under the influence of liquor, boasted of their deeds of cruelty at that horrible butchery. This grand jury did double service. During the day it acted as a court of inquiry, at night members of it were chosen by turns to act as a guard over the prisoners! After ten days passed in this manner, the jury reported indictments against the prisoners, for "treason, murder, arson, theft and stealing." The prisoners asked for a change of venue to Marion County. That was denied, but one was given them to Boone County, and Judge Birch made out the mittimus without date, name, or place; and the prisoners in charge of the sheriff and four other men and a two horse team and wagon started for Boone County.