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Appendix : Missouri Extradition Attempt, 1842–1843, Selected Documents

Appendix : Missouri Extradition Attempt, 1842–1843, Selected Documents

9. Wilson Law and Others, Affidavit, 4 January 1843


Editorial Note
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
, Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
, Theodore Turley

10 Apr. 1801–12 Aug. 1871. Mechanic, gunsmith, brewer, farmer, blacksmith, gristmill operator. Born at Birmingham, Warwickshire, England. Son of William Turley and Elizabeth Yates. Associated with Methodism, by 1818. Married Frances Amelia Kimberley, 26 Nov...

View Full Bio
, Shadrack Roundy

1 Jan. 1789–4 July 1872. Merchant. Born at Rockingham, Windham Co., Vermont. Son of Uriah Roundy and Lucretia Needham. Married Betsy Quimby, 22 June 1814, at Rockingham. Lived at Spafford, Onondaga Co., New York. Member of Freewill Baptist Church in Spafford...

View Full Bio
, Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
, William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
, John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland Co., England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodists and was local preacher. Migrated from...

View Full Bio
, William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
, and Lorin Walker

25 July 1822–26 Sept. 1907. Carpenter, miller, housepainter. Born in Peacham, Caledonia Co., Vermont. Son of John Walker and Lydia Holmes. Moved to Ogdensburg, St. Lawrence Co., New York, by 1836. Baptized into LDS church by Abraham Palmer, June 1836, in ...

View Full Bio
, Affidavit, [Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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, IL], 4 Jan. 1843; reference copy; handwriting of Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
and James F. Owings; two pages; JS Collection, CHL.

Circuit Court

Located on second floor of Tinsley building at Sixth and Adams streets, south across square from old state capitol. Site of JS’s habeas corpus hearing, following Missouri extradition attempt, and resultant discharge from arrest, Jan. 1843.

More Info
of the United
States. District of Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
In the matter of)
Joseph Smith upon)
Habeus Corpus)
District of Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
, Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
, Theodore Turley

10 Apr. 1801–12 Aug. 1871. Mechanic, gunsmith, brewer, farmer, blacksmith, gristmill operator. Born at Birmingham, Warwickshire, England. Son of William Turley and Elizabeth Yates. Associated with Methodism, by 1818. Married Frances Amelia Kimberley, 26 Nov...

View Full Bio
, Shadrach Roundy

1 Jan. 1789–4 July 1872. Merchant. Born at Rockingham, Windham Co., Vermont. Son of Uriah Roundy and Lucretia Needham. Married Betsy Quimby, 22 June 1814, at Rockingham. Lived at Spafford, Onondaga Co., New York. Member of Freewill Baptist Church in Spafford...

View Full Bio
, a Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
& Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
being duly sworn say that they know that Joseph Smith was in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
, in the county of Hancock, in the state of Illinois during the whole of the sixth & seventh days of May last; That on the sixth day of May Aforesaid the said Smith attended an officer drill at Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
from Ten Oclock in the forenoon to about four o’clock in the afternoon at which drill the said Joseph Smith was present: And these deponents Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
, Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
, Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
, John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland Co., England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodists and was local preacher. Migrated from...

View Full Bio
and William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
—— were with the said Smith, at Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
aforesaid during the evening of the sixth day of May last & sat with said Joseph Smith in Nauvoo Lodge from Six until nine oclock. of said evening;—
and these deponents. Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
, Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
, & William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
were with the Said Smith at his dwelling house, in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
, on and during the evening of the fifth day of May last. & conversed with him;— and all of the deponents aforesaid do say that on the seventh day of May aforesaid the Said Smith reviewed the Nauvoo Legion, & was present with the said Legion all that day, in the presence of many thousand peopl, and it would have been impossible for the said Joseph Smith to have been at any place in the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
, at any time, on or between the sixth & seventh days of May aforesaid; and these deponents Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
, Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
. & Lorin Walker

25 July 1822–26 Sept. 1907. Carpenter, miller, housepainter. Born in Peacham, Caledonia Co., Vermont. Son of John Walker and Lydia Holmes. Moved to Ogdensburg, St. Lawrence Co., New York, by 1836. Baptized into LDS church by Abraham Palmer, June 1836, in ...

View Full Bio
say that they have seen & conversed with the said [p. [1]]

9. Wilson Law and Others, Affidavit, 4 January 1843


Editorial Note
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
, Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
, Theodore Turley

10 Apr. 1801–12 Aug. 1871. Mechanic, gunsmith, brewer, farmer, blacksmith, gristmill operator. Born at Birmingham, Warwickshire, England. Son of William Turley and Elizabeth Yates. Associated with Methodism, by 1818. Married Frances Amelia Kimberley, 26 Nov...

View Full Bio
, Shadrack Roundy

1 Jan. 1789–4 July 1872. Merchant. Born at Rockingham, Windham Co., Vermont. Son of Uriah Roundy and Lucretia Needham. Married Betsy Quimby, 22 June 1814, at Rockingham. Lived at Spafford, Onondaga Co., New York. Member of Freewill Baptist Church in Spafford...

View Full Bio
, Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
, William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
, John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland Co., England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodists and was local preacher. Migrated from...

View Full Bio
, William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
, and Lorin Walker

25 July 1822–26 Sept. 1907. Carpenter, miller, housepainter. Born in Peacham, Caledonia Co., Vermont. Son of John Walker and Lydia Holmes. Moved to Ogdensburg, St. Lawrence Co., New York, by 1836. Baptized into LDS church by Abraham Palmer, June 1836, in ...

View Full Bio
, Affidavit, [Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

More Info
, IL], 4 Jan. 1843; reference copy; handwriting of Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
and James F. Owings; two pages; JS Collection, CHL.

Willard Richards handwriting begins.  


Circuit Court

Located on second floor of Tinsley building at Sixth and Adams streets, south across square from old state capitol. Site of JS’s habeas corpus hearing, following Missouri extradition attempt, and resultant discharge from arrest, Jan. 1843.

More Info
of the United
States. District of Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
In the matter of)
Joseph Smith upon)
Habeus Corpus)
District of Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
, Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
,  Theodore Turley

10 Apr. 1801–12 Aug. 1871. Mechanic, gunsmith, brewer, farmer, blacksmith, gristmill operator. Born at Birmingham, Warwickshire, England. Son of William Turley and Elizabeth Yates. Associated with Methodism, by 1818. Married Frances Amelia Kimberley, 26 Nov...

View Full Bio
, Shadrach Roundy

1 Jan. 1789–4 July 1872. Merchant. Born at Rockingham, Windham Co., Vermont. Son of Uriah Roundy and Lucretia Needham. Married Betsy Quimby, 22 June 1814, at Rockingham. Lived at Spafford, Onondaga Co., New York. Member of Freewill Baptist Church in Spafford...

View Full Bio
, and Willard  Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
& William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
& Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
 being duly sworn say that they know that Joseph Smith  was in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
, in the county of Hancock, in the state  of Illinois during the whole of the sixth & seventh days  of May last; That on the sixth day of May Aforesaid  the said Smith attended an officer drill at Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
 from Ten Oclock in the forenoon to about four o’clock  in the afternoon at which drill the said Joseph Smith  was present: And these deponents Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
,  Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
, Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
, & John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland Co., England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodists and was local preacher. Migrated from...

View Full Bio
 <and William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
——> were with the said Smith, at Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
aforesaid  during the evening of the sixth day of May last &  sat with said Smith Joseph Smith in Nauvoo Lodge from  Six until nine oclock. of said evening;—
and these deponents. Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
, Willard  Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
, & William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

View Full Bio
were with the Said Smith  at his dwelling house, in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

More Info
, on and during  the evening of the fifth day of May last. & conversed  with him;— and these <all> of the deponents aforesaid  do say that on the seventh day of May aforesaid the  Said Smith reviewed the Nauvoo Legion, & was  present with the said Legion all that day, in the  presence of many thousand peopl, and it would  have been impossible for the said Joseph Smith to  have been at any place in the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
,  at any time, on or between the sixth & seventh days  of May aforesaid; and these deponents Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

View Full Bio
 William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into LDS church by Heber C. Kimball, 21 Oct. 1837, in River...

View Full Bio
, Hiram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
. & Lorin Walker

25 July 1822–26 Sept. 1907. Carpenter, miller, housepainter. Born in Peacham, Caledonia Co., Vermont. Son of John Walker and Lydia Holmes. Moved to Ogdensburg, St. Lawrence Co., New York, by 1836. Baptized into LDS church by Abraham Palmer, June 1836, in ...

View Full Bio
 say that they have seen & conversed with the said [p. [1]]
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On 6 May 1842, former Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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governor Lilburn W. Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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was shot at his home in Independence

Located twelve miles from western Missouri border. Permanently settled, platted, and designated county seat, 1827. Hub for steamboat travel on Missouri River. Point of departure for Santa Fe Trail. Population in 1831 about 300. Mormon population by summer...

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, Missouri. Boggs’s injuries were serious but not fatal. The ensuing criminal investigation focused first on a silversmith named Tompkins.1

McLaws, “Attempted Assassination,” 53–55.  


However, early insinuations about a possible Mormon involvement soon gained greater traction after John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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, the former mayor of Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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, Illinois, published reports alleging that JS’s associate Orrin Porter Rockwell

28 June 1813–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into LDS church...

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, who was in Independence at the time of the assassination attempt, committed the crime at the express direction of JS. While no direct evidence implicated either Rockwell or JS, animosity was known to exist between the accused men and Boggs because Boggs had played a pivotal role in the expulsion of the Mormons from Missouri in 1838.
In an affidavit dated 20 July 1842, Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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stated that based on “evidence and information now in his possession,” he believed JS was an accessory before the fact in orchestrating the assassination attempt. Based on that affidavit, Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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governor Thomas Reynolds

12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...

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issued a requisition on 22 July 1842 for the extradition of JS from Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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to Missouri, claiming he was a fugitive from justice.2

This requisition began the second of three attempts (1840–1841, 1842–1843, and 1843) to extradite JS to Missouri.  


Illinois governor Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to Missouri, by 1803. Moved to Illinois, by 1812. Served in War of 1812. Married Rebecca Hewitt, 13...

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then issued an arrest warrant for JS based on Reynolds’s requisition. JS was arrested in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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on 8 August 1842 and immediately petitioned for a writ of habeas corpus. The Nauvoo Municipal Court granted the writ and ordered JS to appear before it for a hearing on the arrest. The arresting officer, uncertain as to the legality of the municipal court’s actions, returned the writ and arrest warrant to Carlin, thereby necessitating the release of JS. Governor Carlin disputed the effort to review the arrest, claiming that the municipal court lacked legal authority to rule on the warrant. On 20 September 1842, Governor Carlin increased his efforts to comply with Missouri’s extradition request by issuing a proclamation offering a reward to any citizen for the capture of JS, who had gone into hiding to avoid arrest.
In August 1842, Thomas Ford

5 Dec. 1800–3 Nov. 1850. School teacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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, a lawyer and former associate justice of the Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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Supreme Court, was elected Illinois governor, replacing Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to Missouri, by 1803. Moved to Illinois, by 1812. Served in War of 1812. Married Rebecca Hewitt, 13...

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. Following this change in administration, a delegation representing JS traveled from Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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to Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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in early December to determine Governor Ford’s disposition regarding the extradition efforts. Meeting with several prominent attorneys, judges, and politicians, including Ford, the delegation concluded that should JS appear in Springfield, the entire situation could be resolved satisfactorily. The delegation also met with Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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, the United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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attorney for the district of Illinois, and retained him to represent JS in the matter.
Accompanied by a few close colleagues, JS left for Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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on 27 December 1842 and arrived on 30 December. Upon JS’s arrival, Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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recommended filing a new petition for a writ of habeas corpus in federal court before Judge Nathaniel Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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. As the petition needed to be based on an arrest and as the original arrest warrant was not immediately available, the following day (Saturday, 31 December 1842) Butterfield filed a petition for a new arrest warrant. Governor Ford

5 Dec. 1800–3 Nov. 1850. School teacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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issued the new arrest warrant the same day, and Butterfield filed a petition for a writ of habeas corpus. Pope granted and issued the writ, set bail at $4,000, and scheduled the hearing on the writ for the following Monday, 2 January 1843.
On Monday morning, JS (represented by Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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) and the state of Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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(represented by Illinois attorney general Josiah Lamborn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinatti, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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) appeared before Judge Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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. Lamborn asked for a continuance to prepare for the hearing on the writ. Pope granted the request and moved the hearing to Wednesday, 4 January 1843.
At the hearing, Lamborn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinatti, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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, speaking first, made two substantive arguments: First, the case should be dismissed because the federal court lacked jurisdiction to rule on the arrest warrant and underlying requisition as these matters were governed by the state. Second, no factual inquiry was appropriate and the court should consider only any procedural irregularities in the extradition pleadings. Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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and his associate counsel, Benjamin Edwards

13 June 1818–4 Feb. 1886. Lawyer, judge. Born at Edwardsville, Madison Co., Illinois. Son of Ninian Edwards and Elvira Lane. Moved to Belleville, St. Clair Co., Illinois, 1824. Graduated from Yale, 1838, in New Haven, New Haven Co., Connecticut. Admitted ...

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, countered that a matter of extradition arising between two states was inherently, perhaps exclusively, a federal issue as contemplated by the United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Constitution. Second, Butterfield argued that it was appropriate for the court to examine both the legal sufficiency and the accuracy of the facts underlying the extradition request. This argument included an attack on the admissibility of Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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’s affidavit and proffered additional affidavits rebutting the facts alleged by Boggs. These affidavits were submitted to establish that JS could not be considered a fugitive from Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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justice because he was in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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when the assassination attempt occurred.
The following day, Judge Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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announced his opinion from the bench. He ruled that the federal court had jurisdiction over the proceedings as conferred on it by the United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Constitution. Pope then addressed the merits of the case, ruling that he did not need to determine the admissibility of the affidavits submitted by JS, his colleagues, and others, as the Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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affidavit itself was insufficient to support the requisition. Pope found Boggs’s allegations to be both opinion and conclusions of law, neither of which were admissible factual contentions. Finally, the Boggs affidavit failed to aver that JS had actually fled from the state

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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, a prerequisite to his being classified as a fugitive; Missouri governor Reynolds

12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...

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’s inclusion of such an allegation in the requisition did not remedy this defect. Based on these findings, Judge Pope ordered the discharge of JS.
Relying in part on the notes that Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

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had taken throughout the proceedings, Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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prepared a written opinion of his 5 January ruling. This opinion was first published on 16 January 1843 in the Times and Seasons; soon after, it was published in the Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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newspaper Sangamo Journal, as well as in various other newspapers, including the Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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newspaper The Wasp. The official version of Judge Pope’s opinion was first published in McLean’s Reports in 1847.3

A comparison of the earlier published versions with the McLean version shows no substantive differences.  


 
Documents
1. Lilburn W. Boggs, Affidavit, 20 July 1842
2. Thomas Reynolds, Requisition, 22 July 1842
3. Thomas Carlin, Proclamation, 20 September 1842
4. Joseph Smith, Petition for New Arrest Warrant, 31 December 1842
5. Arrest Warrant, 31 December 1842
6. Joseph Smith, Petition for Writ of Habeas Corpus, 31 December 1842
7. Writ of Habeas Corpus, 31 December 1842
8. Joseph Smith, Affidavit, 2 January 1843
9. Wilson Law and Others, Affidavit, 4 January 1843
10. Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 January 1843
11. Court Ruling, 5 January 1843
12. Thomas Ford, Order Discharging Joseph Smith, 6 January 1843

Facts