November 12, 1838
Transcription of: Witness John Cleminson, a Mormon dissenter
and Clerk of Caldwell County Circuit Court
John Cleminson a witness, produced, sworn, and examined
in behalf of the State, deposeth and saith. Some
time in June (“last” crossed out) I attended two or three Danite
meetings, and it was taught there as a part of the
duty of the band, that they should support the
presidency in all their designs right or wrong;
that whatever they said was to be obeyed, and
whoever opposed the presidency in what they said
or desired done, Should be expeled the county
or have their lives taken. The three composing
the Presidency was at one of those meetings, and
to Satisfy the people, Dr Avard called on Jos
Smith Jr, who gave them a pledge, that if they
led them into a difficulty, he would give them
his head for a foot ball, and that it was the
will of God these things should be so.-
The teacher, and active agent of the Society was Dr
Avard, and his teachings were approved of by
the presidency- Dr Avard further taught as
a part of their obligation, that if any one betrayed
the secret designs of the society, they should be Killed
and laid aside, and nothing said about it.-
I heard Sidney Rigdon’s sermon, commonly called
"The Salt Sermon", and its purport and design was
about as other witnesses have state there before
me.
When process was filed against Joseph
Smith Jr and others, in my office as clerk of Caldwell
circuit court, for trespass, Jos Smith Jr told
me not to issue that writ, that he did not intend
to submit to it: that it was a vexatious thing
and I had a right to judge whether a suit was
vexatious or not: and that he would see me out in
it Hiram Smith (who was not a defendent in that
suit) also joined him in this promise If I would not issue the writ. This was
previous to the last term of the Caldwell circuit
court.- I considered myself not as a proper judge
as to whether it was a vexatious suit or not. Jos
Smith Jr said it was a vexatious thing, and that he
would not suffer it to be issued; and I felt
myself intimidated and in danger if I issued
it. Knowing the regulation of the Danite band.
On the monday prior to the last Daviess expe-
-dition I heard Mr Rigdon say that those who had
heretofore been backward in taking up arms
in defending themselves, ought to or should be put
upon their horses with bayonets and pitch-forks
(“and forced” crossed out) and Smith said forced into the front
of the battle, and that the property of those who
would not go into the war, should be consecrated
to the use of those who did. Mr Smith said their
beef, corn and potatoes they would take_
I went in the expedition to Daviess, in which
Gallatin was burnt, as I felt myself compelled to
go from the regulations which had been made.
It was generally understood that every movement
made in Daviess was under the direction &
supervision of the first presidency of whom
Jos Smith Jr & Hiram Smith were in Daviess
The following of the Def.th were in that expedition to
Daviess. viz: Jos Smith Jr. Hiram Smith. P.P
Pratt Lyman Wight Caleb Baldwin, Alanson
Ripley,_ John Buckhannon was not there, George
W. Harris was there, Darwin Chase was there, Elijah
Newman was not there, Isaac Morely was not there,
Moses Clawson I think was there, Alexz McRay was
there, John S Higbey I think was there Ebenezer Robinson
& and Daniel Pettigrew were there Edward
Partridge was there. David Frampton was not
there. Sheffield Daniels I think was not there.
Danil Carr was there. James H Rawlings was there
Maurice Phelps, I think was there.
Of the troops at Diahmon in this expedition Some
were sent on one expedition, and some on another
but all were there mutually to aid and assist
each other in all that they undertook or did on
that occasion- When we first went to Daviess.
I understood the object to be to drive out the
mob If any should be collected there. but when we got there we found none. I
then learned the object was, from those who were
actively engaged in the matter to drive out all
the citizens of Daviess, and get possession of their
property. It was understood that they burnt
mormon houses, as well as the houses of the citizens;
the burning of the mormon houses was to bring the
Mormons into Diahmon as I understood it_ It
was said by some that the mormons were burning
their own houses, and by others that the
mob were burning them, and so much was
said about it, that I did not know when I got
the truth_ I heard Demick B. Huntington
one of the Mormon troops say, that Mis-
[“ourians” crossed out]
sourians at Gallatin had taken the goods out of Stollings
[“the” crossed out] store, and piled them up, and set fire to the
store house, and had gone off for waggons to haul
off the goods but that our waggons had got there
first and had hauled them off.-I understood
that the goods were deposited with the Bishop of
the church at Diahmon as consecrated property
to the church. A great deal of other property
was brought into the mormon camps, but
Know where it came from, but understood it to be
consecrated property.
It was frequently observed among the troops, that the time had come
when the riches of the gentiles should be consecrated to the saints.-
From the time of the
return of the troops from Diahmon the town of
Far West was kept under military rule, troops
paraded, and disciplined every day. It was
a generally prevailing understanding among the
troops, and seemed to be so much so towards
the last, that no other impressions prevailed, that
they would oppose, either militia or mob, should
they come out against them; for they considered
them all mob at heart. this was about the time
the militia arrived there- As to Hiram
Smith personally, I have thought him to be a good
meaning man, but in connexion with others under
the order of the Daniete society. I thought, I had
as much to fear from him as from others.
As to the constitution testified of, by Dr Avard I
never heard of it until he disclosed it when he
was taken prisoner_ I did not attend the first
meetings in which the Danite band was formed.
I did not see Hiram Smith in the last expedition
to Daviess have arms upon his person, but he
constituted one of the consellors of Jos Smith Jr &
it was not usual for any of the Presidency, composed
of Prest Smith & his consellors to take any
& go into the ranks When I arrived at Diahmon,
I staid the first night at Lyman Wight’s house
& informed Wight that Genl Parks was coming out.
with the militia. Wight answered that he did not
wish Parks to come out, & sent an express to him not
to come, he remarked that they could settle the difficulties
themselves. And further this deponent saith not
John Cleminson
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