20031833

Petition to the Missouri Legislature, 24 January 1839

obstacle which we candidly consider are of the most weighty, is the feeling  which we believe is entertained by the Hon, A[ustin] A, King against us, and his  Consequent incapacity to do us impartial justice. It is from no disposition to  speak disrespectfully of that high officer that we lay before your Hon. Body the  facts we do, but simply that the Legislature may be apprised of our real  Condition. We look upon Judge King as like all other mere men, liable to  be influenced by his feelings, his prejudices, and his previously formed opinions
We consider his as being partially if not entirely committed against  us. He has written much upon the subject of our late difficulties in which  he has placed us in the wrong— These letters have been published to the world  He has also presided at an excited public meeting as chairman and no doubt  sanctioned all the proceedings. We do not complain of the citizens who held that  meeting. They were entitled to that privilege. But for the Judge before  whom the very men were to be tried for a capital offense, to participate in an  expression of condemnation of these same individuals is to us, at least apparently  wrong, and we cannot think that we should after such a course on the part of  the Judge have the same chance of a fair and impartial trial— as all admit  we ought to have. We believe that the foundation of the feeling against us, which  we have reason to think Judge King entertains, may be traced to the unfortunate  troubles which occurred in Jackson County some few years ago. In a battle be tween the mormons and a portion of the Citizens of that County, Mr Brassell [Hugh Breazeale], the  brotherinlaw of Judge King, was killed. It is natural that the Judge should  have some feelings against us, whether we were right or wrong in that  controversy. We mention these facts not to disparage Judge King— We  believe that from the relation he bears to us, he would himself prefer that our  trials should be had in a different circuit, and before a different court,
Many other reasons and facts we might mention but we forebear.
Liberty Jail, Jan 24th 1839 L.
James M. Hughes Esqr
Mem, House Rep,
Jefferson City
Mo—
Will you be so good as to present this to the house. The  Community here would, I believe have no objection for the trial of these  men being transferred to St. Louis.
J M. H.
P. H. (B.) [p. 67]
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JS and others, petition, Liberty, MO, to Missouri General Assembly, Jefferson City, MO, 24 Jan. 1839; handwriting of James Mulholland; in JS Letterbook 2, pp. 66–67; JS Collection, CHL.

Facts