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Daviess gave the following account of how the Indians had acted. A few minutes after her husband had opened the door and stepped out of the house, four Indians rushed in, whilst the fifth, as she afterwards learned, was in pursuit of her husband. Herself and children were in bed when the Indians entered the house.
You ought to be sued for libel. I say to you as I just now said to Ogden, that Jo Hamilton Daviess is making this fuss, not for furtherance of law and justice, but to blacken the name of Burr." "Burr blackened it himself," retorted Wood, "with the blood of Hamilton." "Black blood it was, from a black heart. Don't say anything against that duel here in Kentucky!" said Hadley.
This promise came true, because at a trial they had next day they were all set free and nothing was taken from them. April 6, 1839, the prisoners were ordered to Gallatin, Daviess county. After their long confinement the brethren were weak, and it was hard to stand the long journey. On the 9th they had another trial or hearing.
To prove how false this was, Joseph with his brother Hyrum and some others, went to Daviess county for trial. At this trial Mr. Black swore to some wicked falsehoods, and although four witnesses told the truth of the matter, Joseph and Lyman were bound over, that is, they were to be ready to stand trial when the regular court should meet.
The persons so arrested were taken before Justice Black, of Daviess County, and examined; witnesses were examined for both parties, and much hard and false swearing was done on both sides. After a long and fruitless examination the committee adjourned, leaving the military to look after matters until something would turn up to change the feeling of danger then existing.
Henry Clay was the leader of the popular political party in the State, and had the sympathy of the audience on his side. Daviess was a Federalist, and his prosecution was regarded by many of his hearers as simply a persecution of an unfortunate and innocent man who, from motives of political hatred only, was here arraigned as a traitor.
Daviess, as well as from his neighbors, was pursued by Daviess and a party whose property he had taken, in order to bring him to justice. While the party were in pursuit, the suspected individual, not knowing any one was pursuing him, came to the house of Daviess, armed with his gun and tomahawk no person being at home but Mrs. Daviess and her children. After he had stepped in the house, Mrs.
He did discharge the jury, and then, gentlemen, we had another surprise! No sooner had those jurymen left the box than in marched Burr once again, and said he regretted that the jury had been discharged, and asked the reason. Daviess buzzed up, like a mad hornet, and explained that one of his principal witnesses, Davis Floyd, was in Indiana attending a territorial legislature.
The trial at Frankfort did not come off, because of Daviess' failure to secure the attendance of some important witnesses; but those people who were gathered at the court-house were by no means defrauded of entertainment; for they heard a brilliant debate between Henry Clay and Joseph Hamilton Daviess.
Two of the Indians being in the rear as spies, discovering the approach of the party, ran forward to where the Indians were with the family one of them knocked down the oldest boy, about eleven years old, and while in the act of scalping him, was fired at, but without effect. Mrs. Daviess, seeing the agitation and alarm of the Indians, saved herself and sucking child, by jumping into a sink hole.
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