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Page
Rockwood, Journal, 25 Oct. 1838; Charles C. Rich, Statement, ca. Feb. 1845, Historian’s Office, JS History Documents, 1839–1860, CHL; Pratt, History of the Late Persecution, 35–36; Sidney Rigdon, Testimony, Nauvoo, IL, 1 July 1843, [12], Nauvoo, IL, Records, CHL; Reed Peck, Quincy, IL, to “Dear Friends,” 18 Sept. 1839, 95, Huntington Library, San Marino, CA; see also Baugh, “Call to Arms,” 218–252.
Rockwood, Albert Perry. Journal Entries, Oct. 1838–Jan. 1839. Photocopy. CHL. MS 2606.
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.
Baugh, Alexander L. “A Call to Arms: The 1838 Mormon Defense of Northern Missouri.” PhD diss., Brigham Young University, 1996. Also available as A Call to Arms: The 1838 Mormon Defense of Northern Missouri, Dissertations in Latter-day Saint History (Provo, UT: Joseph Fielding Smith Institute for Latter-day Saint History; BYU Studies, 2000).
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; see also Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.
Mormon War Papers, 1838–1841. MSA.
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.
John B. Clark, Richmond, MO, to Lilburn W. Boggs, [Jefferson City, MO], 10 Nov. 1838, copy; 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,” 93–98.
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. . . . St. Louis: Argus Office, 1835.
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.
Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [124]–[125]; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 475, art. 2, sec. 8; Pratt, History of the Late Persecution, 55–56; see also Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839; Baugh, “Parley P. Pratt’s Missouri Imprisonment,” 137–167; and Givens and Grow, Parley P. Pratt, chap. 5.
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. . . . St. Louis: Argus Office, 1835.
Baugh, Alexander L. “‘Tis Not for Crimes That I Have Done’: Parley P. Pratt’s Missouri Imprisonment, 1838–1839.” In Parley P. Pratt and the Making of Mormonism, edited by Gregory K. Armstrong, Matthew J. Grow, and Dennis J. Siler, 137–167. Norman, OK: Arthur H. Clark, 2011.
Givens, Terryl L., and Matthew J. Grow. Parley P. Pratt: The Apostle Paul of Mormonism. New York: Oxford University Press, 2011.
For more information on the November 1838 hearing and King’s ruling regarding the other defendants, see 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.
The draft indictment included the names of Pratt, Gibbs, Phelps, Chase, and Shearer, as well as Charles C. Rich, Daniel Avery, John Cooper, and Edward Partridge, but for unknown reasons the names of Chase, Shearer, Rich, Avery, Cooper, and Partridge were subsequently canceled. Washington Voorhees was similarly named in the draft as an accessory both before and after the fact, but his name was also canceled. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder].)
Docket Entry, Special Term, 7 Jan. 1839 [State of Missouri v. Pratt et al. for Murder]; An Act to Establish a Judicial Circuit 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.
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.
Indictment, ca. 7 Jan.–ca. 23 Apr. 1839, Copy [State of Missouri v. Pratt et al. for Murder]; John B. Clark, Richmond, MO, to Lilburn W. Boggs, [Jefferson City, MO], 14 Nov. 1838, copy, Mormon War Papers, MSA; Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [1]–[2]. On 22 April 1839, the first day of the term, the court admitted Williams to practice law in Ray County. On 12 May, Pratt wrote to his wife that he had sent for Rees, suggesting that he was among the attorneys representing the defendants. (Ray Co., MO, Circuit Court Record A, 343–344, Ray County Courthouse, Richmond, MO; Parley P. Pratt, Richmond, MO, to Mary Ann Pratt, Quincy, IL, 12 May 1839, Parley P. Pratt, Letters, CHL.)
Mormon War Papers, 1838–1841. MSA.
Ray Co., MO. Circuit Court Record A, 1821–1840. Ray County Courthouse, Richmond, MO.
Pratt, Parley P. Letters, 1838–1839. CHL. MS 5828.
Ray Co., MO, Circuit Court Record A, 342, Ray County Courthouse, Richmond, MO; Transcript of Proceedings, 24 May 1839 [State of Missouri v. Pratt et al. for Murder]. The indictment was divided into twelve counts, all nearly identical in wording. Pratt was identified as the sole shooter in four of the counts, with Gibbs and Phelps aiding and abetting him. Four counts alleged that Pratt, Gibbs, and Phelps together held the gun when it was shot. And in the other four counts, an unidentified individual was the shooter, while Pratt, Gibbs, and Phelps aided and abetted him. The indictment did not explicitly state whether the principal shooter was being charged with first-degree, or premeditated, murder or second-degree murder. First-degree murder was a capital offense, while second-degree murder was punished by at least ten years’ imprisonment in the state penitentiary. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder]; An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 167–168, art. 2, secs. 1–3.)
Ray Co., MO. Circuit Court Record A, 1821–1840. Ray County Courthouse, Richmond, 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. . . . St. Louis: Argus Office, 1835.
The first six counts alleged that “before the felony and murder,” JS, Rigdon, and Wight “did stir up, move abet, counsel and procure” the crime. Counts seven through twelve alleged that JS, Rigdon, and Wight, “well knowing” that Pratt, Gibbs, and Phelps had murdered Rowland, did “receive harbour and maintain” the accused. Missouri law specified that individuals convicted of being accessories before the fact would receive the same punishment as the convicted principal, while individuals who were found guilty of being accessories after the fact would be punished by imprisonment in the state penitentiary for up to one year, by incarceration in a county jail for up to five years, by paying a fine up to $500, or some combination. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder]; An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 212, art. 9, secs. 5–6.)
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. . . . St. Louis: Argus Office, 1835.
Pratt, History of the Late Persecution, 59–60; Phelps, Reminiscences, 24; Ray Co., MO, Circuit Court Record A, 368, Ray County Courthouse, Richmond, MO. In the revised indictment, prosecuting attorney William Wood erroneously retained the names of Chase and Shearer in the fifth count, despite their having been discharged from custody. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder].)
Phelps, Morris. Reminiscences, no date. CHL. MS 271.
Ray Co., MO. Circuit Court Record A, 1821–1840. Ray County Courthouse, Richmond, MO.
Parley P. Pratt, Richmond, MO, to Mary Ann Pratt, Quincy, IL, 12, 21–22 Apr. 1839, Parley P. Pratt, Letters, CHL; see also Promissory Note to John Brassfield, 16 Apr. 1839.
Pratt, Parley P. Letters, 1838–1839. CHL. MS 5828.
Pratt, History of the Late Persecution, 60–63; Parley P. Pratt, Columbia, MO, to Mary Ann Pratt, Quincy, IL, 31 May and 1 June 1839, Parley P. Pratt, Letters, CHL.
Pratt, Parley P. Letters, 1838–1839. CHL. MS 5828.
Pratt, History of the Late Persecution, 65; Order, 7 June 1839, Copy–A [State of Missouri v. Pratt et al. for Murder]; 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. 4.
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.
Docket Entry, Continuance and Dedimus, 1 July 1839 [State of Missouri v. Pratt et al. for Murder]; Morris Phelps, Columbia, MO, to Charles Rich, Quincy, IL, 28 June–4 July 1839, Charles C. Rich Collection, CHL. Reynolds ordered that the case be continued “until the next regular term of this Court,” which would have been August. However, Morris Phelps’s letter to Charles C. Rich and subsequent documents pertaining to the case indicate that the case was actually continued until the end of September. (Subpoena, 19 Aug. 1839–A [State of Missouri v. Pratt et al. for Murder]; An Act to Establish a Judicial Circuit of the Second and Fifth Judicial Circuits [31 Jan. 1839], Laws of the State of Missouri [1838–1839], p. 34, sec. 5.)
Rich, Charles C. Collection, 1832–1908. CHL. MS 889.
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.
Pratt, History of the Late Persecution, 77–79; Pratt, Autobiography, 271–278; Phelps, Reminiscences, 4–7 (second numbering); John W. Clark, Fort Madison, Iowa Territory, to David K. Clark, Dupage, IL, 13 July 1839, CHL.
Pratt, Parley P. The Autobiography of Parley Parker Pratt, One of the Twelve Apostles of the Church of Jesus Christ of Latter-Day Saints, Embracing His Life, Ministry and Travels, with Extracts, in Prose and Verse, from His Miscellaneous Writings. Edited by Parley P. Pratt Jr. New York: Russell Brothers, 1874.
Phelps, Morris. Reminiscences, no date. CHL. MS 271.
Clark, John W. Letter, Fort Madison, Iowa Territory, to David K. Clark, Dupage, IL, 13 July 1839. CHL. MS 24667.
Docket Entry, Nolle Prosequi and Continuance, 4 Nov. 1839 [State of Missouri v. Pratt et al. for Murder]; see also Luman Gibbs, Columbia, MO, to Emer Harris, Quincy, IL, ca. 15 Feb. 1840, in Emer Harris, Notebook, CHL.
Harris, Emer. Notebook, 1817–1846. Photocopy. CHL. MS 14355.
On 9 July 1839, in response to reports of the escape of Pratt and Phelps, Missouri secretary of state James L. Minor requested the Boone County Circuit Court clerk to submit a certified copy of the murder indictment and other documents to the governor’s office in anticipation of initiating extradition proceedings. Circuit court clerk Roger N. Todd made the certified copy on 18 July and sent it to Jefferson City. On 1 September 1840, Missouri governor Boggs sent a requisition to Illinois officials, demanding that JS, Pratt, and others be apprehended and extradited to answer treason, murder, and other crimes. Boggs mentioned that some of the accused were “accessories thereto.” (James L. Minor, Jefferson City, MO, to Roger N. Todd, Columbia, MO, 9 July 1839, photocopy, Daviess County Legal Documents, BYU; Transcript of Proceedings, Murder, 18 July 1839 [Extradition of JS et al. for Treason and Other Crimes]; Requisition, 1 Sept. 1840 [Extradition of JS et al. for Treason and Other Crimes]; see also Introduction to Extradition of JS et al. for Treason and Other Crimes.)
Daviess County Legal Documents. Photocopies. BYU.
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