Bogart of the Missouri state militia took 3 Mormon men as prisoners, fearing the Mormons were going to raze Richmond and Liberty. Rumors consequently spread through Far West that a "mob" was going to execute the 3 men, and the tensions culminated in October 1838 when Mormon militia forces engaged the state militia unit on the banks of Crooked River, in what became known as the Battle of Crooked River. Following this engagement, on October 27, 1838, Lilburn W. Boggs, governor of the state of Missouri, issued Missouri Executive Order 44: "The Mormons must be treated as enemies, and must be exterminated or driven from the State if necessary for the public peace ... their outrages are beyond all description." Smith surrenders General Samuel D. Lucas, leading a militia of 2500 men informed the Mormons at Far West that "they would massacre every man, woman and child" if Smith and several others were not given up. Smith, Sidney Rigdon, Parley P. Pratt, Lyman Wight, and George W. Robinson surrendered on November 1. A secret and illegal court martial was held following Smith's surrender. Smith and his companions were not aware of the proceeding until after it was over. At about midnight on November 1, General Lucas issued the following order to General Alexander William Doniphan: "Sir:-- You will take Joseph Smith and the other prisoners into the public square at Far West, and shoot them at 9 o-clock tomorrow morning." General Doniphan refused to obey the order: "It is cold-blooded murder. I will not obey your order. My brigade shall march for Liberty [township] tomorrow morning at 8 o'clock; and if you execute these men, I will hold you responsible before an earthly tribunal, so help me God." General John Bullock Clark had been appointed by Governor Boggs to enforce the extermination order. He arrived and took command of the combined force on November 4. On November 5, he had an additional 56 men arrested and gave a speech in the public square at Far West. He outlined the terms of the treaty that General Lucas had previously negotiated which stripped the Mormons of all their arms and property, and required them to leave the state immediately. Preliminary hearing On November 9, Colonel Sterling Price and a force of seventy men took Smith and his companions to Richmond, Missouri, for a preliminary hearing before Austin Augustus King. The hearing began