Footnotes
In 1974, when the contents of the case files were microfilmed, the recognizance was missing.
Case File for Recognizance, 7 Sept. 1838, State of Missouri v. JS et al. for Riot (Mo. 5th Jud. Cir. 1838), BYU.
Recognizance, 7 Sept. 1838. State of Missouri v. JS et al. for Riot (Mo. 5th Jud. Cir. 1838). BYU.
Footnotes
See “Recognizance,” in Bouvier, Law Dictionary, 2:329.
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.
William Peniston et al., Complaint, Ray Co., MO, 10 Aug. 1838, State of Missouri v. JS et al. for Riot (Mo. 5th Jud. Cir. 1838), microfilm 959,084, U.S. and Canada Record Collection, FHL.
JS and Wight’s attorney, David R. Atchison, initially requested that King schedule the hearing for 6 September 1838, likely to preempt an anticipated 7 September rendezvous of anti-Mormon vigilantes who were intent on seizing the Latter-day Saint leaders. The hearing was scheduled to be held at the home of Latter-day Saint Waldo Littlefield, near the boundary between Daviess and Caldwell counties, so that JS could quickly return to Caldwell County if trouble arose.a However, on 6 September neither Peniston nor Black appeared, leading King to postpone the hearing one day, subpoena Black as a witness, and move the hearing to John Raglin’s home, located within a half mile north of the boundary between the counties.b
(aJS, Journal, 4 Sept. 1838; Austin A. King, Ray Co., MO, to William Morgan, Daviess Co., MO, 4 Sept. 1838, William Morgan, Papers, CHL; “Mormons Once More,” Hannibal [MO] Commercial Advertiser, 25 Sept. 1838, [1]; “Public Meeting,” Missouri Republican [St. Louis], 3 Sept. 1838, [2]; “The Mormons,” Missouri Argus [St. Louis], 6 Sept. 1838, [1]; “Mormon Troubles,” Missouri Republican, 19 Sept. 1838, [2]. bJS, Journal, 6–7 Sept. 1838; Subpoena, [6] Sept. 1838, State of Missouri v. JS et al. for Riot [Mo. 5th Jud. Cir. 1838], microfilm 959,084, U.S. and Canada Record Collection, FHL; George A. Smith, Autobiography, 110; Berrett, Sacred Places, 4:497.)Morgan, William. Papers, 1838–1839. CHL. MS 19757.
Hannibal Commercial Advertiser. Hannibal, MO. 1837–1839.
Missouri Republican. St. Louis. 1822–1919.
Missouri Argus. St. Louis. 1835–1841.
Smith, George A. Autobiography, ca. 1860–1882. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 1, fd. 2.
Berrett, LaMar C., ed. Sacred Places: A Comprehensive Guide to Early LDS Historical Sites. 6 vols. Salt Lake City: Deseret Book, 1999–2007.
Dibble, “Philo Dibble’s Narrative,” 89.
Dibble, Philo. “Philo Dibble’s Narrative.” In Early Scenes in Church History, Faith-Promoting Series 8, pp. 74–96. Salt Lake City: Juvenile Instructor Office, 1882.
See William Peniston et al., Complaint, Ray Co., MO, 10 Aug. 1838, State of Missouri v. JS et al. for Riot (Mo. 5th Jud. Cir. 1838), microfilm 959,084, U.S. and Canada Record Collection, FHL; Adam Black, Affidavit, Daviess Co., MO, 8 Aug. 1838, in “Public Meeting,” Missouri Republican (St. Louis), 3 Sept. 1838, [2]; and Adam Black, Complaint, Daviess Co., MO, 28 Aug. 1838, copy, Mormon War Papers, MSA.
Missouri Republican. St. Louis. 1822–1919.
“The Mormon Difficulties,” Niles’ National Register (Washington DC), 13 Oct. 1838, 103.
Niles’ National Register. Washington DC, 1837–1839; Baltimore, 1839–1848; Philadelphia, 1848–1849.
See Affidavit, 5 Sept. 1838. Robinson, Huntington, and Carter may have been chosen to testify because of their connections with the Danite society. Robinson was a Danite colonel, as well as the First Presidency’s scribe; Huntington was captain of the Danite guard. Extant sources do not explicitly indicate whether Carter was a Danite, but his brother, Jared, was captain general of the society for a time.a In addition, early names for the society—the “Brother of Gideon” and the “gideonites”—were perhaps connected with Gideon Carter in addition to chapter 8 of the book of Judges.b Lightner, who was not a member of the church, may have provided testimony regarding JS’s character. Lightner was married to Latter-day Saint Mary Rollins Lightner.c
(aJS, Journal, 7–9 Aug. 1838; Reed Peck, Quincy, IL, to “Dear Friends,” 18 Sept. 1839, pp. 34–35, 38, 45, Huntington Library, San Marino, CA; Dimick Huntington, Reminiscences and Journal, [14]–[15]. bWilliam Phelps, Testimony, Richmond, MO, Nov. 1838, p. [86]; Robert Snodgrass, Testimony, Richmond, MO, Nov. 1838, p. [35], State of Missouri v. JS et al. for Treason and Other Crimes [Mo. 5th Jud. Cir. 1838], in State of Missouri, “Evidence”; Whitmer, History, 86, 95–96. cJS, Journal, 7 Sept. 1838; “Mary Elizabeth Rollins Lightner,” Utah Genealogical and Historical Magazine, July 1926, 198.)Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.
Huntington, Dimick B. Reminiscences and Journal, 1845–1847. Dimick B. Huntington, Journal, 1845–1859. CHL. MS 1419, fd. 1.
Lightner, Mary Elizabeth Rollins. “Mary Elizabeth Rollins Lightner.” Utah Genealogical and Historical Magazine 17 (1926): 193–205, 250–260.
“The Mormon Difficulties,” Niles’ National Register (Washington DC), 13 Oct. 1838, 103.
Niles’ National Register. Washington DC, 1837–1839; Baltimore, 1839–1848; Philadelphia, 1848–1849.
See “Surety,” in Bouvier, Law Dictionary, 2:421. Partridge may have acted as a surety for JS and Wight because in Partridge’s role as bishop, he managed the church’s finances and properties.a Durfee may have acted as a surety because he owned four hundred acres, which made him one of the fifteen largest landowners in Caldwell County, Missouri.b
(aRevelation, 4 Feb. 1831 [D&C 41:9–11]; Revelation, 9 Feb. 1831 [D&C 42:10]; Revelation, 20 May 1831 [D&C 51]. bHamer, Northeast of Eden, 56, 84.)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.
Hamer, John. Northeast of Eden: A Historical Atlas of Missouri’s Mormon County. [Mirabile, MO]: Far West Cultural Center, 2004.
Daviess Co., MO, Circuit Court Record, Apr. 1839, bk. A, 71, 77, Daviess County Courthouse, Gallatin, MO; Indictment, [Honey Creek Township, MO], [ca. 10] Apr. 1839, State of Missouri v. JS et al. for Riot (Daviess Co. Cir. Ct. 1839), Historical Department, Nineteenth-Century Legal Documents Collection, CHL. Because JS and Wight escaped from state custody on 16 April 1839, the case did not proceed to a full trial. (See Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.)
Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.
Missouri law permitted magistrates to set recognizance amounts “not exceeding one thousand dollars.” (An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 472, art. 1, sec. 4.)
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.
That is, 29 November 1838. Missouri law specified that the fifth circuit would hold a session in Daviess County “on the first Thursdays after the fourth Mondays in March, July and November.” (An Act to Establish Judicial Circuits, and to Prescribe the Times and Places of Holding Courts [21 Jan. 1837], Laws of the State of Missouri [1836–1837], p. 57, sec. 23.)
Laws of the State of Missouri, Passed at the First Session of the Ninth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Twenty-First Day of November, in the Year of Our Lord One Thousand Eight Hundred and Thirty-Six. 2nd ed. St. Louis: Chambers and Knapp, 1841.
Perhaps riot, a misdemeanor for which the two men were later indicted. (An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 202, art. 7, sec. 6; see also Indictment, [Honey Creek Township, MO], [ca. 10] Apr. 1839, State of Missouri v. JS et al. for Riot [Daviess Co. Cir. Ct. 1839], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)
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.