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The case is named after Jacob Gates, the first defendant listed in the Daviess County Circuit Court indictment. (Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Treason].)
See LeSueur, “Missouri’s Failed Compromise,” 113–141; Introduction to Part 2: 8 July–29 Oct. 1838, in JSP, D6:169–175; Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:265–278; Introduction to State of Missouri v. JS et al. for Riot; B. M. Lisle, Jefferson City, MO, to John B. Clark, Richmond, MO, 26 Oct. 1838; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, 6 Nov. 1838, Mormon War Papers, MSA.
LeSueur, Stephen C. “Missouri’s Failed Compromise: The Creation of Caldwell County for the Mormons.” Journal of Mormon History 31, no. 3 (Fall 2005): 113–144.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
Mormon War Papers, 1838–1841. MSA.
John B. Clark, Richmond, MO, to Lilburn W. Boggs, Jefferson City, MO, 10 Nov. 1838, underlining in original; Samuel D. Lucas, Independence, MO, to Lilburn W. Boggs, [Jefferson City, MO], 5 Nov. 1838, Mormon War Papers, MSA.
Mormon War Papers, 1838–1841. MSA.
U.S. Constitution, art. 1, sec. 8; art. 3, sec. 3; see also Hurst, Law of Treason in the United States, chap. 4.
Hurst, James Willard. The Law of Treason in the United States: Collected Essays. Contributions in American History, no. 12. Westport, CT: Greenwood Publishing, 1971.
Ex Parte Bollman and Ex Parte Swartwout, 4 Cranch 75 (1807).
Cranch / Cranch, William. Reports of Cases Argued and Adjudged in the Supreme Court of the United States, in the Years 1805 and 1806. 9 vols. Various publishers, 1804–1817.
United States v. Burr, 4 Cranch 470 (1807–1808).
Cranch / Cranch, William. Reports of Cases Argued and Adjudged in the Supreme Court of the United States, in the Years 1805 and 1806. 9 vols. Various publishers, 1804–1817.
Missouri Constitution of 1820, art. 13, sec. 15; see also McConkie, “State Treason: The History and Validity of Treason,” 281–336.
McConkie, J. Taylor. “State Treason: The History and Validity of Treason against Individual States,” Kentucky Law Journal 101, no. 2 (2013): 281–336.
An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 166, art. 1, sec. 1.
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.
John B. Clark, Richmond, MO, to Lilburn W. Boggs, Jefferson City, MO, 10 Nov. 1838; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, 19 Nov. 1838, Mormon War Papers, MSA; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 474–475, art. 2, secs. 2–3; Madsen, “Joseph Smith and the Missouri Court of Inquiry,” 93–136.
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.
Sidney Rigdon, Appeal to the American People, 1840, p. 66; 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].)
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].)
Witnesses for the prosecution included Sampson Avard, Charles Bleckley, Samuel Bogart, Elisha Camron, Nathaniel Carr, John Cleminson, James Cobb, Asa Cook, John Corrill, Wyatt Cravens, Freeburn Gardner, Addison Greene, George M. Hinkle, Andrew Job, Jesse Kelley, Samuel Kimble, Timothy Lewis, John Lockhart, Patrick Lynch, Joseph McGee, Jeremiah Myers, Nehemiah Odle, Thomas Odle, James Owens, Reed Peck, Morris Phelps, William W. Phelps, Addison Price, John Raglin, Allen Rathburn, Burr Riggs, Abner Scovil, Benjamin Slade, Robert Snodgrass, William Splawn, John Taylor, James Turner, George Walters, John Whitmer, Ezra Williams, George Worthington, and Porter Yale. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], pp. [2]–[113], [122]–[123]; see also Subpoena, 10 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Subpoena, 11 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Subpoena, 15 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Subpoena, 21 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)
An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 476, art. 2, secs. 13, 20.
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.
Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; “The Mormon Prisoners,” Daily Missouri Republican (St. Louis), 13 Dec. 1838, p. [2]; O. H. Searcy to John B. Clark, ca. Dec. 1838, copy, in Minutes and Testimonies, 12–29 Nov. 1838, Copy and Letter [State of Missouri v. Gates et al. for Treason], p. [50]; History of Ray County, Mo., 602–603; Austin A. King, Richmond, MO, to James Minor, Jefferson City, MO, 4 Feb. 1841, Mormon War Papers, MSA.
Daily Missouri Republican. St. Louis. 1822–1869.
History of Ray County, Missouri, Written and Compiled from the Most Authentic Official and Private Sources. . . . St. Louis, MO: Missouri Historical Co., 1881.
Mormon War Papers, 1838–1841. MSA.
See Daniel 2:34–35; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [2]–[20]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [42]; John Corrill, Testimony, Richmond, MO, Nov. 1838, p. [31]; Robert Snodgrass, Testimony, Richmond, MO, Nov. 1838, p. [35], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; see also Whittaker, “Book of Daniel in Early Mormon Thought”; and Petition, between 9 and 15 Mar. 1839 [State of Missouri v. Gates et al. for Treason].
Whittaker, David J. “The Book of Daniel in Early Mormon Thought.” In By Study and Also by Faith: Essays in Honor of Hugh W. Nibley on the Occasion of His Eightieth Birthday, 27 March 1990, edited by John M. Lundquist and Stephen D. Ricks, 1:155–201. Salt Lake City: Deseret Book; Provo, UT: Foundation for Ancient Research and Mormon Studies, 1990.
Latter-day Saint sources confirm the existence of the Danites and that JS approved of at least some of their actions, although he evidently was not briefed on all of their plans. (See Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [2]–[20], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Historical Introduction to Constitution of the Society of the Daughter of Zion, ca. Late June 1838; JSP, D6:306n199; Petition, between 9 and 15 Mar. 1839 [State of Missouri v. Gates et al. for Treason]; and JSP, D6:398–399n781.)
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [7]–[8]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [39]; John Cleminson, Testimony, Richmond, MO, Nov. 1838, pp. [52]–[54]; Reed Peck, Testimony, Richmond, MO, Nov. 1838, pp. [59]–[60]; 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]. James Cobb and Charles Bleckley, neither of whom was a member of the church, both testified that they saw JS on horseback observing a house burn in Millport. (James Cobb, Testimony, Richmond, MO, Nov. 1838, p. [79]; Charles Bleckley, Testimony, Richmond, MO, Nov. 1838, p. [78], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)
Hyrum Smith later stated that, per King’s instructions, the prisoners identified sixty potential defense witnesses. Although the judge apparently subpoenaed these individuals, only the following seven testified for the defense: Jonathan Barlow, Ezra Chipman, Arza Judd Jr., Thorit Parsons, Delia Pine, Malinda Porter, and Nancy Rigdon. Multiple Latter-day Saints described officers of the court harassing potential witnesses or not permitting them to testify. (Murdock, Journal, ca. Nov. 1838, [105]–[106]; Hyrum Smith, Testimony, Nauvoo, IL, 1 July 1843, pp. [18]–[19]; George Pitkin, Testimony, Nauvoo, IL, 1 July 1843, pp. [1]–[2], Nauvoo, IL, Records, CHL; Malinda Porter, Testimony, Richmond, MO, Nov. 1838, p. [115]; Delia F. Pine, Testimony, Richmond, MO, Nov. 1838, pp. [116]–[117]; Nancy Rigdon, Testimony, Richmond, MO, Nov. 1838, pp. [117]–[118]; Jonathan W. Barlow, Testimony, Richmond, MO, Nov. 1838, pp. [118]–[119]; Thorit Parsons, Testimony, Richmond, MO, Nov. 1838, pp. [119]–[120]; Ezra Chipman, Testimony, Richmond, MO, Nov. 1838, pp. [120]–[121]; Arza Judd Jr., Testimony, Richmond, MO, Nov. 1838, p. [121], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)
Murdock, John. Journal, ca. 1830–1859. John Murdock, Journal and Autobiography, ca. 1830–1867. CHL. MS 1194, fd. 2.
Ruling, 29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]. Boggs was aware of the Burr cases, although his one extant reference to the precedents focused on jurisdictional issues rather than the strict definition of treason. Years later, John B. Clark was quoted as saying that he “had an understanding with King that they [the Latter-day Saint prisoners] were to be put in prison, but were not to be guarded too closely, and if they got away and left the state, they would be allowed to go.” Contemporary evidence for this has not been located. (Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Richmond, MO, 19 Nov. 1838, Mormon War Papers, MSA; Stevens, Centennial History of Missouri, 2:119.)
Mormon War Papers, 1838–1841. MSA.
Stevens, Walter B. Centennial History of Missouri (The Center State): One Hundred Years in the Union, 1820–1921. Vol. 1. Chicago: S. J. Clarke Publishing, 1921.
King also held that there was probable cause that Latter-day Saints Parley P. Pratt, Norman Shearer, Darwin Chase, Luman Gibbs, and Morris Phelps had murdered Moses Rowland during the Crooked River skirmish, a clash between Latter-day Saints and other Missourians that occurred near the border between Ray and Caldwell counties on 25 October 1838. Pratt and the others were committed to the Ray County jail to await trial. The remaining defendants were either discharged by King for lack of evidence or bound to appear at the next session of the Daviess County Circuit Court to answer charges of “Arson, Burglary, Robbery and Larceny.” (Ruling, 29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:269; see also Order of Discharge, 24 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
As the legal documents for this habeas corpus are apparently not extant, it is unknown why the judge granted Rigdon bail. (See Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:276–277; see also Affidavit, ca. 25 Jan. 1839 [State of Missouri v. Gates et al. for Treason].)
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
The memorial led to a change in the law that would permit the prisoners to seek a change of venue out of the judicial circuit. (See Historical Introduction to Memorial to the Missouri Legislature, 24 Jan. 1839, in JSP, D6:318–320; and An Act to Amend an Act concerning Criminal Proceedings [13 Feb. 1839], Laws of the State of Missouri [1838–1839], p. 98.)
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
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.
See Historical Introduction to Petition to George Tompkins, between 9 and 15 Mar. 1839, in JSP, D6:341–344; An Act to Regulate Proceedings on Writs of Habeas Corpus [6 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 297, art. 1, sec. 6.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
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.
Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:278, 278n66.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
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, 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.
Burnett, Recollections and Opinions, 65.
Burnett, Peter H. Recollections and Opinions of an Old Pioneer. New York: D. Appleton, 1880.
The grand jury included 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. (Daviess Co., MO, Circuit Court Record, Apr. 1839, bk. 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 [1835], pp. 479–480, art. 3, secs. 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.
See Wharam, Treason Trials, 1794, chaps. 12–13, 18–19; Gurney, Trial of Thomas Hardy for High Treason, 1:18–25, 311; Wentworth, Complete System of Pleading, 4:14–20; and Chitty, Practical Treatise on the Criminal Law, 2:74–78.
Wharam, Alan. The Treason Trials, 1794. Leicester: Leicester University Press, 1992.
Gurney, Joseph. The Trial of Thomas Hardy for High Treason, at the Sessions House in the Old Bailey. . . . 4 vols. London, 1794.
Wentworth, John. A Complete System of Pleading: Comprehending the Most Approved Precedents and Forms of Practice; Chiefly Consisting of Such as Have Never before Been Printed. . . . 10 vols. London: G. G. and J. Robinson, 1797–1799.
Chitty, Joseph. A Practical Treatise on the Criminal Law; Comprising the Practice, Pleadings, and Evidence, Which Occur in the Course of Criminal Prosecutions. . . . 4 vols. Philadelphia: Edward Earle, 1819.
The defendants named in the indictment included Caleb Baldwin, Alexander McRae, Hyrum Smith, JS, and Lyman Wight, the five men against whom Austin A. King held that there was probable cause that they had committed treason in Daviess County. In addition, the indictment named Samuel Bent, Seymour Brunson, Reynolds Cahoon, Daniel Carn, David Carns, Moses Daley, Jabez Durfee, James Durfee, Perry Durfee, Benjamin Durphee, Jacob Gates, George W. Harris, Elias Higbee, George M. Hinkle, Jesse D. Hunter, Vinson Knight, Thomas B. Marsh, George Morey, Arthur Morrison, Ebenezer Page, Finley Page, Edward Partridge, David Pettegrew, Parley P. Pratt, Thomas Rich, Alanson Ripley, Ebenezer Robinson, George W. Robinson, James H. Rollins, Roswell Stevens, Sidney Turner, Washington Voorhees, James Whitaker, William A. Wightman, James Worthington, and Joseph W. Younger. (Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Treason].)
Clark listed the witnesses who supported the treason indictment as Sampson Avard, Adam Black, John Brown, John Comer, John Corrill, John Edwards, Ira Glass, Jackson Job, Robert McGaw, Francis McGuire, Henry McHenry, Josiah Morin, Laburn Morin, Waterman Phelps, and Jacob Rogers. As grand jury proceedings are legally kept secret, no transcripts of the witness testimonies have survived. (Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Treason]; “Grand Jury,” in Bouvier, Law Dictionary, 1:449.)
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. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.
See Indictment, ca. 10 Apr. 1839 [State of Missouri v. Gates et al. for Treason]; and An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 481, art. 3, sec. 19.
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.
See Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, Mormon War Papers, MSA.
Mormon War Papers, 1838–1841. MSA.
See Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839, in JSP, D6:422–426.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
The writ of capias for the treason case is not extant, but it is mentioned in Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Gates et al. for Treason]; see also Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot].
For unknown reasons, when recording the continuance and dismissal in his docket, Wilson listed Thomas Rich, rather than Jacob Gates, as the first defendant. (Docket Entry, Continuance, 14 Aug. 1839 [State of Missouri v. Gates et al. for Treason]; Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Gates et al. for Treason].)
Docket Entry, Continuance, 17 Aug. 1839 [State of Missouri v. Gates et al. for Treason]; Docket Entry, Continuance, 4 Nov. 1839 [State of Missouri v. Gates et al. for Treason]; Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Gates et al. for Treason]; Boone Co. Cir. Ct. Record C, p. [315], Boone County Courthouse, Columbia, MO.
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