On April 6, Smith and his fellow-prisoners were taken to Daviess County for trial. The judge and jury before whom their cases came were, according to his account, all drunk. Smith and four others were promptly indicted for "murder, treason, burglary, arson, larceny, theft, and stealing." They at once secured a change of venue to Boone County, 120 miles east, and set out for that place on April 15, but they never reached there. Smith says they were enabled to escape because their guard got drunk. In a newspaper interview printed many years later, General Doniphan is quoted as saying that he had it on good authority that Smith paid the sheriff and his guards $1100 to allow the prisoners to escape. Ebenezer Robinson says that Joseph and Hyrum were allowed to ride away on two fine horses, and that, a few Weeks later, he saw the sheriff at Quincy making Joseph a friendly visit, at which time he received pay for the animals.* The party arrived at Quincy, Illinois, on April 22, and were warmly welcomed by the brethren who had preceded them. Among these was Brigham Young, who was among those who had found it necessary to flee the state before the final surrender was arranged. The Missouri authorities, as we shall see, for a long time continued their efforts to secure the extradition of Smith, but he never returned to Missouri. As the Mormons had tried to set aside their original agreement with the Jackson County people, so, while their leaders were in jail, they endeavored to find means to break their treaty with General Lucas. Their counsel, General Atchison, was a member of the legislature, and he warmly espoused their cause. They sent in a petition,* which John Corrill presented, giving a statement in detail of the opposition they had encountered in the state, and asking for the enactment of a law "rescinding the order of the governor to drive us from the state, and also giving us the sanction of the legislature to inherit our lands in peace"; as well as disapproving of the "deed of trust," as they called the second section of the Lucas treaty. The petition was laid on the table. An effort for an investigation of the whole trouble by a legislative committee was made, and an act to that effect was passed in 1839, but nothing practical came of it. When the Mormon memorial was called up, its further consideration was postponed until July, and then the Mormons knew that they had no alternative except to leave the state. * For full text, see Millennial Star, Vol. XVI, pp. 586-589.