Footnotes

1. [1]

   Corrill, Brief History, 35–38; Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

2. [2]

   Andrew Job, Testimony, Richmond, MO, Nov. 1838, p. [70]; George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100]; Ezra Williams, Testimony, Richmond, MO, Nov. 1838, p. [109], State of Missouri v. JS et al. for Treason and Other Crimes (Mo. 5th Jud. Cir. 1838), in State of Missouri, “Evidence”; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, p. 16, Nauvoo, IL, Records, CHL.

   Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

3. [3]

   Phelps, Reminiscences, 9–10. Although Phelps did not disclose his participation in the Gallatin expedition, several witnesses at the November 1838 hearing identified him as among the men who were present. (See, for example, Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [21]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [40]; and John Cleminson, Testimony, Richmond, MO, Nov. 1838, p. [52], in State of Missouri, “Evidence.”)

   Phelps, Morris. Reminiscences, no date. CHL. MS 271.

4. [4]

   Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, pp. [112]–[113], in State of Missouri, “Evidence.”

5. [5]

   William W. Phelps, who was disaffected from the church, claimed he heard JS and other church leaders making plans in Adam-ondi-Ahman “to take the goods out of the Store at Gallatin, bring them to Diahmon & burn the store.”a Although several individuals said they saw the building burning, none could definitively state that a Latter-day Saint had lit the fire.b Morris Phelps later claimed that Sampson Avard, a Latter-day Saint who participated in the expedition to Gallatin, had “in his rage hurled a pine brand into it [the store] which melted it to ashes.” However, Phelps then backtracked: “Others have said that the mob burnt it in order to have a pretext or cause of action against the Mormons. But the particulars of these things remain yet to be determined. Allowing this to be the Mormons;— The reader will bear in mind the many extream which they have been driven to by loss of property, by the sufferings of their Women and children; their houses frequently burnt their women and children turned into the snow.” Phelps conceded that “many had become much enraged and perhaps carried some things beyond the bounds of wisdom as other men frequently do when driven to desperation.”c

   (^aWilliam W. Phelps, Testimony, Richmond, MO, Nov. 1838, p. [91], in State of Missouri, “Evidence.” ^bWilliam Morgan, Affidavit, Daviess Co., MO, 21 Oct. 1838, copy, Mormon War Papers, MSA; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [7]; Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [113]; Joseph McGee, Testimony, Richmond, MO, Nov. 1838, p. [103]; George W. Worthington, Testimony, Richmond, MO, Nov. 1838, p. [101], in State of Missouri, “Evidence.” ^cPhelps, Reminiscences, 10, 11.)

   Mormon War Papers, 1838–1841. MSA.

   Phelps, Morris. Reminiscences, no date. CHL. MS 271.

6. [6]

   Oliver Huntington, “History of Oliver Boardman Huntington,” 21–22. Latter-day Saint dissident Reed Peck testified at the November 1838 hearing that just before the October expedition to Gallatin, JS gave a speech “in refference to stealing,” stating that “in a general way he did not approve of it” but that under certain circumstances it was necessary, such as when the “Saviour & his disciples stole corn in passing thro’ the corn fields for the reason that they could not otherwise procure anything to eat.” William W. Phelps testified that JS gave the speech because “when they went out to war it was necessary to take spoils to live on.” Jeremiah Myers, a Latter-day Saint who participated in the expedition, explained that the goods removed from Stollings’s store were “considered consecrated property & that they were to be dealt out by the bishop to those who stood in need.” (Reed Peck, Testimony, Richmond, MO, Nov. 1838, p. [57]; William W. Phelps, Testimony, Richmond, MO, Nov. 1838, p. [89]; Jeremiah Myers, Testimony, Richmond, MO, Nov. 1838, p. [69], in State of Missouri, “Evidence”; see also Matthew 12:1–8; Mark 2:23–28; and Luke 6:1–5.)

   Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.

7. [7]

   Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [113], in State of Missouri, “Evidence.”

8. [8]

   Emma Smith et al., Complaint against Jacob Stollings, 1839, Statements against William E. McLellin et al., CHL.

   Statements against William E. McLellin and Others, ca. 1838–1839. CHL.

9. [9]

   See Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

10. [10]

    See Robert Wilson, Gallatin, MO, to James L. Minor, Jefferson City, MO, 18 Mar. 1841, in Document Containing the Correspondence, 156–159. Sampson Avard testified before the grand jury regarding both indictments. Lynch, Allen Rathburn, George Worthington, and John Stokes likewise testified concerning the larceny indictment. No record of their testimonies is extant. The grand jury indicted several Latter-day Saint men for breaking into and removing property from Stollings’s store, but JS was not named as a defendant in that indictment. (Indictment, [Honey Creek Township, MO], ca. 10 Apr. 1839, State of Missouri v. Gates et al. for Arson [Daviess Co. Cir. Ct. 1839], microfilm 959,084, U.S. and Canada Record Collection, FHL; Indictment, [Honey Creek Township, MO], ca. 10 Apr. 1839, State of Missouri v. JS et al. for Larceny [Daviess Co. Cir. Ct. 1839], Daviess County Courthouse, Gallatin, MO; Indictment, [Honey Creek Township, MO], ca. 10 Apr. 1839, State of Missouri v. Baldwin et al. for Burglary [Daviess Co. Cir. Ct. 1839], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)

    Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841.

    Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

11. [11]

    During the April 1839 circuit court hearing, Judge Thomas Burch approved the prisoners’ request for the trial to be moved to a different circuit court, on the grounds that Burch had served as the prosecuting attorney in the November 1838 hearing and was therefore biased. (Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.)

12. [12]

    Hyrum Smith, Diary, 12 Apr. 1839.

    Smith, Hyrum. Diary, Mar.–Apr. 1839, Oct. 1840. CHL. MS 2945.

13. [13]

    See Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.

14. [14]

    Mulholland copied a document dated June 1839 onto page 48 of the letterbook, making June the earliest Mulholland likely copied documents on subsequent pages.