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Introduction to State of Missouri v. Gates et al. for Arson Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Costs, 15 April 1840 [State of Missouri v. Gates et al. for Arson] Docket Entry, Costs, 17 December 1840 [State of Missouri v. Gates et al. for Arson] Indictment, circa 10 April 1839, Copy [State of Missouri v. Gates et al. for Arson] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. Gates et al. for Arson] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. Gates et al. for Arson] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Continuance, 4 November 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Gates et al. for Arson]

Introduction to State of Missouri v. Gates et al. for Arson

Page

State of Missouri v. Gates, H. Smith, Rich, JS, Wight, E. Robinson, Wightman, Bent, Younger, Pettegrew, Partridge, G. Robinson, Voorhees, Hunter, Rollins, Turner, Carn, Ripley, Worthington, Harris, McRae, Brunson, Marsh, Durfee, Pratt, Hinkle, and Cahoon
for Arson
Fifth Judicial Circuit of Missouri, 29 November 1838
Daviess Co., Missouri, Circuit Court, 11 April 1839
Boone Co., Missouri, Circuit Court, 5 August 1840
 
Historical Introduction
Around 10 April 1839, a grand jury in , Missouri, indicted JS and twenty-six other Latter-day Saint men for allegedly setting fire to five buildings the previous year in , a settlement in Daviess County. During summer 1838, violence broke out between church members and their antagonists in northwestern . The expulsion of Latter-day Saints from in Carroll County, Missouri, in early October made it clear that civil authorities would not protect church members from extralegal violence. Having forced the Saints from De Witt, the church’s opponents turned their attention to and other settlements in Daviess County. In response, church leaders in , Caldwell County, decided to engage in aggressive self-defense.
In ’s words, the Saints planned “to scatter the mob” and “to destroy those places that harbored them” in . Church leaders identified , the county seat, and as two suspected mob havens. On 18 October 1838, apostle led approximately eighty mounted men to Gallatin, while —a member of the stake presidency at —led a second group of about the same number to Millport. Patten’s men confiscated goods from the storehouse of , a reported place of rendezvous for the mob, and evidently burned the store to the ground. Finding Millport deserted, Wight’s men returned to Adam-ondi-Ahman without taking action. Three days later, however, the settlement was set on fire. Individuals who were not members of the church, both antagonistic and friendly, claimed that Latter-day Saints were the culprits. Church members alleged that the mob had burned the buildings in order to blame the fires on the Saints. Major General of the militia reported to Missouri governor that both the Saints and their opponents were burning buildings and that “the great difficulty in Settling this matter seems to be in not being able [to] Identify the offenders.”
, responding to exaggerated reports of this raid and other skirmishes, branded all Latter-day Saints “enemies” and ordered that they be “exterminated or driven from the .” The “ring leaders of this rebellion,” including JS, were to be arrested and tried for crimes allegedly committed during the conflict. In late October and early November 1838, more than three thousand state militia troops occupied Latter-day Saint settlements in and counties. Church members were given until spring to leave the state, while JS and more than fifty other Latter-day Saint men were taken into custody under the authority of Major General , who had the prisoners moved to his headquarters in , Missouri. On 10 November, Clark explained to Boggs that he had “made out charges against the prisoners” based on information garnered primarily from Latter-day Saint dissidents. He identified “treason, murder, , , robbery and and perjury” as their offenses, all committed “under the counsel of Joseph Smith jr, the prophet.”
arranged to have Judge of ’s fifth judicial circuit preside at a criminal court of inquiry to determine whether there was to send the cases to a grand jury. Circuit attorney served as the prosecutor, while , , and represented the fifty-three defendants in custody. During the proceedings, eleven more Latter-day Saint men were charged, bringing the total to sixty-four defendants.
Multiple witnesses at the hearing described ’s 18 October expedition to . Disaffected Latter-day Saint claimed to have heard JS and Wight planning the strike in a meeting at . and , who were estranged from the church, testified that JS disapproved of Wight’s decision to take no action against the settlement. Corrill stated that the two men agreed to discuss the fate of the settlement further in a “private council”; he did not indicate whether that council occurred or, if it did, the outcome. No witness claimed to have seen a Latter-day Saint ignite the fires on 21 October, although several stated that they saw burning buildings soon after, with Andrew Job counting ten structures ablaze. Three witnesses—Charles Blakely, James Cobb, and —testified that the day after the fires started, JS and other church leaders observed the conflagration from horseback outside the settlement.
At the conclusion of the hearing on 29 November, held there was “ to believe” that twenty-four Latter-day Saints had committed “, , Robbery and ” in . They were admitted to bail on the condition that they appear at the April 1839 session of the Daviess County Circuit Court. Though JS, , , , and would be named later as part of the grand jury’s indictment for arson, they were not included among the twenty-four defendants named by King. The judge presumably omitted their names from the list because he had found probable cause to believe that each had committed a more grievous (and non-bailable) offense—murder for Pratt and treason for the four others. JS and his fellow prisoners were committed to the of , Missouri, while Pratt was committed to the jail of , Missouri.
On 6 April 1839, JS, , , and were removed from the and transported to , where the April 1839 session of the Daviess County Circuit Court was held at the home of Elisha B. Creekmore, just southeast of . remained incarcerated in the jail. , now judge of the recently formed eleventh judicial circuit, presided, and was the prosecuting attorney. and represented the defendants. Sheriff William Morgan impaneled twenty county residents as a grand jury to review, with the assistance of Clark, evidence for the charge as well as other charges against JS and dozens of other Latter-day Saint men for crimes allegedly committed during the 1838 conflict.
presented an indictment to the grand jury laying out the prosecution’s case against , , , , , , , , , , , , , , , , , , , , JS, Sidney Turner, , , , James Worthington, and for . The indictment included five counts: two for burned dwellings belonging to ; two for burned dwellings belonging to Robert P. Peniston Sr., the foreman of the grand jury; and one for a burned dwelling belonging to . Rather than dating the burnings to 21 October 1838—the date established in historical accounts—each count claimed that the burnings occurred on 1 November. Only the first count specified the time of the arson, stating that it occurred at ten o’clock in the evening. Clark wrote on the wrapper the names of seventeen witnesses. Around 10 April, when the grand jury hearing concluded, foreman Peniston wrote “A ” on the document, indicating that at least twelve of the grand jurors approved the indictment.
The grand jury submitted the indictment to the circuit court on 11 April 1839. Four of the twenty-seven named defendants—JS, , , and —were present in the circuit court on 11 April. Most of the remaining defendants had already departed in forced compliance with ’s expulsion order. Citing his previous service as the prosecuting attorney in the case, issued an order that changed the venue of the arson case for JS and his fellow prisoners to in the second judicial circuit. The prisoners left on 12 April 1839, along with Sheriff William Morgan and four guards, but escaped en route to Boone County on 16 April with the guards’ complicity.
Notwithstanding the escape, in the ensuing months Circuit Court clerk made certified copies of the indictment and the other records in his docket for the case and forwarded them to the Circuit Court. However, perhaps due to the escape of the prisoners, Wilson was evidently uncertain as to whether Daviess County maintained jurisdiction. On 30 May 1839, over a month after he had made the certified copy of the indictment to send to Boone County, Wilson issued a ordering the Daviess County sheriff to arrest JS and the other defendants named in the indictment. On motion of the prosecuting attorney, the case was continued on the Daviess County Circuit Court docket during the August 1839 term, but only for the defendants who were not named in the change of venue. When it became apparent that the defendants were not going to appear, the case was dismissed at the December 1839 term. In contrast, , clerk of the Boone County Circuit Court, evidently believed that his court held jurisdiction over all the men named in the arson indictment, regardless of whether they were specifically named in the change of venue order. On motion of the prosecuting attorney, the arson case was continued on the Boone County court’s docket until August 1840. During that term, it was apparent that the defendants were not going to appear for the trial, and Judge John D. Leland ordered that the case be dismissed.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
Daviess Co., Missouri, Circuit Court

1839 (6)

April (3)

Ca. 10 April 1839

Indictment, Honey Creek Township, Daviess Co., MO

  • Ca. 10 Apr. 1839; private possession; photocopy in Max H Parkin, Collected Missouri Court Documents, CHL; handwriting of James A. Clark; docket and notation in handwriting of James A. Clark with signature presumably of Robert P. Peniston Sr.
  • 20 Apr. 1839; document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson; docket and notations in handwriting of James A. Clark; notation in handwriting of Roger N. Todd.
11 April 1839

Docket Entry, Indictment, Honey Creek Township, Daviess Co., MO

  • 11 Apr. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 58, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839; in “Copy of Record,” 3, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
11 April 1839

Docket Entry, Removal Orders, Honey Creek Township, Daviess Co., MO

  • 11 Apr. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, pp. 68–69, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839; in “Copy of Record,” 8–9, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.

May (1)

30 May 1839

Capias, Honey Creek Township, Daviess Co., MO

August (1)

14 August 1839

Docket Entry, Continuance, Honey Creek Township, Daviess Co., MO

  • 14 Aug. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 128, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.

December (1)

10 December 1839

Docket Entry, Nolle Prosequi, Honey Creek Township, Daviess Co., MO

  • 10 Dec. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 150, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.

1840 (2)

April (1)

15 April 1840

Docket Entry, Costs, Honey Creek Township, Daviess Co., MO

  • 15 Apr. 1840; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 211, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.

December (1)

17 December 1840

Docket Entry, Costs, Honey Creek Township, Daviess Co., MO

  • 17 Dec. 1840; Daviess County Circuit Court Record, vol. A, 1837–1843, pp. 249–250, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
 
Boone Co., Missouri, Circuit Court

1839 (5)

April (3)

10 April 1839

Indictment, Copy, Honey Creek Township, Daviess Co., MO

  • 20 Apr. 1839; document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson; docket and notations in handwriting of James A. Clark; notation in handwriting of Roger N. Todd.
11 April 1839

Docket Entry, Indictment, Copy, Honey Creek Township, Daviess Co., MO

  • 26 June 1839; in “Copy of Record,” 3, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
11 April 1839

Docket Entry, Removal Orders, Copy, Honey Creek Township, Daviess Co., MO

  • 26 June 1839; in “Copy of Record,” 8–9, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.

August (1)

17 August 1839

Docket Entry, Continuance, Columbia, Boone Co., MO

  • 17 Aug. 1839; Boone County Circuit Court Record, vol. C, p. 261, Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.

November (1)

4 November 1839

Docket Entry, Continuance, Columbia, Boone Co., MO

  • 4 Nov. 1839; Boone County Circuit Court Record, vol. C, p. [281], Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.

1840 (1)

August (1)

5 August 1840

Docket Entry, Nolle Prosequi, Columbia, Boone Co., MO

  • 5 Aug. 1840; Boone County Circuit Court Record, vol. C, p. 317, Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.
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Related Case Documents
Editorial Title
Introduction to State of Missouri v. Gates et al. for Arson
ID #
17255
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Arson].

    2. [2]

      For more information on the 1838 conflict between Latter-day Saints and their opponents in Missouri, see Documents, Volume 6, Introduction to Part 2: 8 July–29 Oct. 1838; Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839; Introduction to State of Missouri v. JS et al. for Riot; and Introduction to State of Missouri v. Gates et al. for Treason.

    3. [3]

      Corrill, Brief History, 37–38; Lyman Wight, Testimony, 1 July 1843, pp. 16–19, Nauvoo, IL, Records, CHL; Introduction to State of Missouri v. Baldwin et al. for Arson.

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

    4. [4]

      William Peniston, Daviess Co., MO, to Lilburn W. Boggs, 21 Oct. 1838, copy; Charles R. Morehead et al., Statement, Richmond, MO, 24 Oct. 1838, copy, Mormon War Papers, MSA; Andrew Job, Testimony, Richmond, MO, Nov. 1838, p. [70]; Jesse Kelly, Testimony, Richmond, MO, Nov. 1838, p. [81], in Minutes and Testimonies, 12–29 Nov. 1838, [State of Missouri v. Gates et al. for Treason]; Lyman Wight, Testimony, 1 July 1843, pp. 16–19, Nauvoo, IL, Records, CHL.

      Mormon War Papers, 1838–1841. MSA.

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

    5. [5]

      David R. Atchison, Liberty, MO, to Lilburn W. Boggs, 22 Oct. 1838, copy, Mormon War Papers, MSA.

      Mormon War Papers, 1838–1841. MSA.

    6. [6]

      Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, 6 Nov. 1838, copy, Mormon War Papers, MSA; Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

      Mormon War Papers, 1838–1841. MSA.

    7. [7]

      John B. Clark, Richmond, MO, to Lilburn W. Boggs, Jefferson City, MO, 10 Nov. 1838, copy, underlining in original; Samuel D. Lucas, Independence, MO, to Lilburn W. Boggs, [Jefferson City, MO], 5 Nov. 1838, copy, Mormon War Papers, MSA.

      Mormon War Papers, 1838–1841. MSA.

    8. [8]

      John B. Clark, Richmond, MO, to Lilburn W. Boggs, Jefferson City, MO, 10 Nov. 1838, copy, Mormon War Papers, MSA; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], pp. 474–475, art. 2, secs. 2–3; Introduction to State of Missouri v. Gates et al. for Treason; Madsen, “Joseph Smith and the Missouri Court of Inquiry,” 93–94.

      Mormon War Papers, 1838–1841. MSA.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

      Madsen, Gordon A. “Joseph Smith and the Missouri Court of Inquiry: Austin A. King’s Quest for Hostages.” BYU Studies 43, no. 4 (2004): 93–136.

    9. [9]

      [Rigdon], Appeal to the American People, 66–67; Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], p. [2]; Agreement with Amos Rees and Alexander Doniphan, 28 Nov. 1838. The fifty-three men were Martin Allred, William Allred, Caleb Baldwin, John Buchanan, Daniel Carn, Darwin Chase, Moses Clawson, Benjamin Covey, Sheffield Daniels, John Earl, Elisha Edwards, David Frampton, Jacob Gates, Luman Gibbs, George D. Grant, George W. Harris, Anthony Head, James Henderson, Francis M. Higbee, John Higbee, Chandler Holbrook, Jesse D. Hunter, Benjamin Jones, George Kimball, Amasa Lyman, Silas Maynard, Alexander McRae, Isaac Morley, Elijah Newman, Zedekiah Owens, Ebenezer Page, Edward Partridge, David Pettegrew, Parley P. Pratt, Thomas Rich, Sidney Rigdon, Alanson Ripley, Ebenezer Robinson, George W. Robinson, Daniel Shearer, Norman Shearer, Hyrum Smith, JS, Allen Stout, John Tanner, Daniel Thomas, Alvah Tippets, Sidney Turner, Washington Voorhees, Andrew Whitlock, Lyman Wight, Joseph W. Younger, and Henry Zabrisky. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], pp. [1]–[2].)

    10. [10]

      The eleven men were Samuel Bent, Ebenezer Brown, Jonathan Dunham, King Follett, Clark Hallett, Sylvester Hulet, Joel Miles, James Newberry, Morris Phelps, James H. Rollins, and William A. Wightman. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], pp. [34], [61], [70], [100].)

    11. [11]

      John Corrill, Testimony, Richmond, MO, Nov. 1838, pp. [33]–[34]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [40]; William W. Phelps, Testimony, Richmond, MO, Nov. 1838, pp. [90]–[91], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; see also Thomas B. Marsh and Orson Hyde, Affidavit, Richmond, MO, 24 Oct. 1838, copy, Mormon War Papers, MSA.

      Mormon War Papers, 1838–1841. MSA.

    12. [12]

      Andrew Job, Testimony, Richmond, MO, Nov. 1838, p. [70]; Charles Blakely, Testimony, Richmond, MO, Nov. 1838, pp. [78]–[79]; James Cobb, Testimony, Richmond, MO, Nov. 1838, p. [79]; James Turner, Testimony, Richmond, MO, Nov. 1838, p. [99], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    13. [13]

      Trial Proceedings, Richmond, MO, Nov. 1838, pp. [125]–[126], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]. The following prisoners were admitted to bail for arson and other crimes: Samuel Bent, Daniel Carn, Jonathan Dunham, Jacob Gates, George D. Grant, Clark Hallett, James Henderson, Francis M. Higbee, John Higbee, Jesse D. Hunter, George Kimball, Joel Miles, Ebenezer Page, Edward Partridge, David Pettegrew, Thomas Rich, Alanson Ripley, Ebenezer Robinson, George W. Robinson, James H. Rollins, Sidney Turner, Washington Voorhees, William A. Wightman, and Joseph W. Younger.

    14. [14]

      See Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Arson].

    15. [15]

      See Ruling, 29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Introduction to State of Missouri v. Gates et al. for Treason; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

    16. [16]

      Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839

    17. [17]

      Pratt was confined in the Ray County jail from 29 November 1838 until 22 May 1839, when he was moved on a change of venue to the jail of Boone County, Missouri. (Pay Order to Benjamin Brown, ca. 22 May 1839, photocopy, Daviess County Legal Documents, BYU.)

      Daviess County, Missouri. Legal Documents, 1838–1839. Photocopy. BYU.

    18. [18]

      In late January 1839, the Missouri legislature reorganized the state’s second and fifth judicial circuits, moving Daviess County from the fifth circuit to the newly created eleventh circuit, with Burch as the circuit’s judge. (An Act to Establish a Judicial Circuit out of the Second and Fifth Judicial Circuits [31 Jan. 1839], Laws of the State of Missouri [1838–1839], p. 34, sec. 3; Bay, Reminiscences of the Bench and Bar of Missouri, 487; Daviess Co., MO, Circuit Court Record, Apr. 1839, vol. A, 39, 41, Daviess County Courthouse, Gallatin, MO.)

      Laws of the State of Missouri, Passed at the First Session of the Tenth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Nineteenth Day of November, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Eight. Jefferson, MO: Calvin Gunn, 1838.

      Bay, W. V. N. Reminiscences of the Bench and Bar of Missouri. . . . St. Louis: F. H. Thomas, 1878.

      Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.

    19. [19]

      Burnett, Recollections and Opinions, 65.

      Burnett, Peter H. Recollections and Opinions of an Old Pioneer. New York: D. Appleton, 1880.

    20. [20]

      Members of the grand jury were John Anderson, Nathaniel Blakely, John Brown, William Cox, John Dowdy, John Edwards, Elijah Frost, Richard Grant, Andrew McHany, Moses Netherton, Jonathan Oxford, Robert P. Peniston Jr., Robert P. Peniston Sr. (foreman), John Pinkerton, John Raglin, Jacob Rogers, John Stokes, Christopher Stone, Nicholas Trosper, and Benedict Weldon. Although Missouri law permitted defendants to challenge the fitness of an individual to serve on a grand jury, there is no evidence that JS and his fellow prisoners were allowed to proffer such a challenge. (Daviess Co., MO, Circuit Court Record, Apr. 1839, vol. A, 43, Daviess County Courthouse, Gallatin, MO; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], pp. 479–480, art. 3, secs. 2, 7–8; see also “Grand Jury,” in Bouvier, Law Dictionary, 1:447–449.)

      Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

    21. [21]

      A nineteenth-century legal treatise on criminal law stated that “the time of committing an offence (except where the time enters into the nature of the offence,) may be laid on any day previous to the finding of the bill, during the period within which it may be prosecuted.” (Wharton, Treatise on the Criminal Law, 73.)

      Wharton, Francis. A Treatise on the Criminal Law of the United States; Comprising a Digest of the Penal Statutes of the General Government, and of Massachusetts, New York, Pennsylvania, and Virginia; With the Decisions on Cases Arising upon Those Statutes; Together with the English and American Authorities upon Criminal Law in General. Philadelphia: James Kay Jr., 1846.

    22. [22]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Arson]. Missouri law carried harsher penalties for arson committed at night. Nighttime arson of a store was considered a second-degree felony, punishable by imprisonment in the state penitentiary “not less than seven years, nor exceeding ten years.” Daytime arson of a store was a third-degree felony, punishable by imprisonment in the penitentiary “not less than five, nor exceeding seven years.” (An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], pp. 174, 175, art. 3, secs. 6, 12.)

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

    23. [23]

      Sampson Avard, Charles Blakely, James Blakely, Jesse Blakely, James Cobb, Laburn Morin, Josiah Morin, Francis McGuire, Henry McHenry, Francis Peniston, Waterman Phelps, Jacob Rogers, Allen Rothburn, William Slade, Jacob Stollings, Benjamin Tailor, and George Worthington. (Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Arson].)

    24. [24]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Arson]; “Grand Jury,” in Bouvier, Law Dictionary, 1:448; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 481, art. 3, sec. 19.

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

    25. [25]

      Docket Entry, Indictment, 11 Apr. 1839 [State of Missouri v. Gates et al. for Arson].

    26. [26]

      See Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Gates et al. for Arson]; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, MSA; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839. Notably, two of the indicted defendants, Thomas B. Marsh and George M. Hinkle, had publicly dissented from the church during the conflict. Marsh had filed an influential affidavit in Ray County on 24 October 1838 describing the Latter-day Saint raids in Daviess County, while Hinkle testified for the prosecution at the November 1838 hearing. Neither had been implicated in the Millport expedition prior to the indictment. It is unknown how their names came to be included in the indictment. (Thomas B. Marsh and Orson Hyde, Affidavit, Richmond, MO, 24 Oct. 1838, copy, Mormon War Papers, MSA; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, pp. [38]–[45], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)

      Mormon War Papers, 1838–1841. MSA.

    27. [27]

      Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Gates et al. for Arson].

    28. [28]

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

    29. [29]

      Indictment, ca. 10 Apr. 1839, Copy [State of Missouri v. Gates et al. for Arson]; Docket Entry, Indictment, 11 Apr. 1839, Copy [State of Missouri v. Gates et al. for Arson]; Docket Entry, Removal Orders, 11 Apr. 1839, Copy [State of Missouri v. Gates et al. for Arson].

    30. [30]

      Docket Entry, Continuance, 14 Aug. 1839 [State of Missouri v. Gates et al. for Arson]; Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Gates et al. for Arson]; see also Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot].

    31. [31]

      Docket Entry, Continuance, 17 Aug. 1839 [State of Missouri v. Gates et al. for Arson]; Docket Entry, Continuance, 4 Nov. 1839 [State of Missouri v. Gates et al. for Arson]; Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Gates et al. for Arson]; Boone Co., MO, Circuit Court Records, 1821–1925, vol. C, p. [315], microfilm 981,755, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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