Cross examined.

I saw Smith fall from window. He had been shot or hurt—there was no blood on his pants. I did not see him set up by well curb. He set himself up. Did not see any strange miraculous light, or four men shoot Smith, or any one paralyzed. He raised himself up and died immediately. I saw no one have a hold of him I could see distinctly. He fell within ten feet of me. He hung in window but a short time. Did not see him lying out of window as described by Daniels. He did not stop in window; but fell right out. Did not see Capt. Smith until all was over. He was then 20 feet off. Would have seen him if he had been there. Think I would have seen the light—was watching closely till he died. Would have seen the four men paralyzed if it had been so I am confident.

By . I had no knowledge or intimation of a conspiracy. I saw the light reflected from guns a mile and a half off. Did not know or think the men were going to kill the Smiths. I had heard a mob were coming to rescue the prisoners, and I supposed the men were Mormons when I first saw them coming. I was not armed. Smith turned over and fell on his left side. No person went to jail with me. I saw no rush from town until all was over.

Eliza Jane Graham sworn. I was at the Warsaw House, kept by Mr. [Samuel] Fleming, the night the Smiths were killed. Mr. F was at the time in , Mass. Adeline Garout[t]e, Ashbel Genung and Mrs. [Ann] Fleming were at the house and several others. came into the hall before it was quite dark, and asked aunt Fleming for a drink of water. Said he was very tired. had come from in less than an hour, and said, We have finished the leading men of the Mormon Church. He came in a carriage. Said nothing more at that time. About 12 o’clock at night and [William] Grover came with companies. Mr. Key said they wanted supper for about 20 men. We got supper. The men came in a few minutes. Ten of fifteen minutes afterwards the order was renewed for 20 more. Mrs. Dearborn, Mrs. Fleming and myself got supper for them. There were about 60 in all. I saw two wounded men—one wounded in the face and the other in the arm. Mr. Grover brought the one that was wounded in the arm into the kitchen and asked permission of aunt to let him set by kitchen stove. Did not see any thing drank. Did not see , or see him that I know of Did not see after that. Did not know . I know a good many of the people about . While at supper some one said he had killed old Joe, and [p. 18]