The mode of inflicting the death penalty is not stated, but we incline to the idea that hanging was often resorted to. Military offenders were, as a rule, put to death with the sword. Of Nehor it is said that he suffered an ignominious death at the top of the hill Manti, and that, before his death, he acknowledged between heaven and earth that he had taught false doctrine. Zemnarihah was hanged upon the top of a tree until he was dead, and then the Nephites felled the tree to the earth. Many of the martyrs were burned to death by unjust judges, or stoned, as was Timothy, afterwards one of the Twelve Disciples; but we regard this last act as resulting from the violence of a mob, rather than from any pretended execution of the law.
The law with regard to debtors seems to have been somewhat severe. On this point it is stated, Now if a man owed another, and he would not pay that which he did owe, he was complained of to the judge; and the judge executed authority, and sent forth officers that the man should be brought before him; and he judged the man according to the law and the evidences which were brought against him, and thus the man was compelled to pay that which he owed, or be stripped, or be cast out from among the people as a thief and a robber. If a man desired to pay, but from misfortune could not, doubtless the law contained some merciful provision in his behalf.
It is more than probable that the mode of procedure in all criminal cases very much resembled the one cited above, and from it we can gather a very clear idea of the practice of their courts, which differs but little from that of our own day. The complaint was first made, the proper officer was then authorized by the court to arrest the accused and bring him before the judge, the trial next took place, the witnesses gave their testimony, the law and the evidence were examined, the opposing lawyers were heard, the judgment was given, the sentence pronounced and lastly carried out. In times of war the military code seems to have varied according to the exigencies of the situation. As a rule, the Nephite armies were composed of volunteers. In times of great danger to the republic, enlarged powers were given to the commander-in-chief. In one place we find the statement that Moroni, having been appointed by the chief judge and the voice of the people, had power according to his will with the armies of the Nephites, to establish and to exercise authority over them; also, he caused to be put to death those of the Amalickiahites (rebels) who would not enter into a covenant to support the cause of freedom and the rights of their fellow-countrymen.