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Introduction to Extradition of JS for Treason Indictment, circa 5 June 1843 [Extradition of JS for Treason] Docket Entry, Indictment, 6 June 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Account, circa 23–circa 30 June 1843 [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843, Copy [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [Extradition of JS for Treason] Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason] Receipt to James Campbell, 1 July 1843 [Extradition of JS for Treason] Certification, 3 July 1843–A [Extradition of JS for Treason] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]

Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

Source Note

Docket Entry, [
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Hancock Co., IL, 1–ca. 6 July 1843], Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 55–87, 116–150; handwriting of
James Brown

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and
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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; CHL.

Historical Introduction

See Introduction to Extradition of JS for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Hyrum Smith, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [ Extradition of JS for Treason ] Habeas Corpus, 30 June 1843, Copy [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [ Extradition of JS for Treason ] Warrant, 17 June 1843, Unidentified Scribe Copy–B [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [ Extradition of JS for Treason ] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [ Extradition of JS for Treason ] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

Page 131

he would inform of us of the crimes alledged against us by the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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“Gentlemen, you are charged with treason, murder,
arson

In common law, the “malicious and voluntary burning [of] the house of another, by night or day.” American jurisdictions extended the crime to the burning of a variety of buildings, such as warehouses, churches, and schools.

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,
burglary

Illinois statute defined burglary as entering a house, shop, or other building in the nighttime, with the intent to commit a felony, such as larceny. The punishment for burglary and larceny was the same: imprisonment of not less than a year and not more than...

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,
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

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theft & stealing & various other charges too tedious to mention, at this time” & he left the room. In about twenty minutes, there came in a strong guard, together with the keeper of the penitentiary of the
State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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, who brought with him two common trace chains, noozed together by putting the small end through the ring & commenced chaining us one by one, and fastening with padlocks, about two feet apart. In this unhallowed situation the prisoners remained fifteen days, & in this situation,
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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delivered us to the professed civil authorities of the
state

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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, without any legal authorit process being served on us at all, during the whole time we were kept in chains, with nothing but
ex-parte

Latin for “on behalf of”; “a proceeding by one party in the absence of the other.”

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evidence, and that either by the vilest apostates, or by the mob who had committed murder in the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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. Notwithstanding all this ex parte evidence,
Judge [Austin A.] King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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did inform our lawyer, ten days previous to the termination of the trial, who he should commit & who he should not: & I heard
Judge King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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say on his bench, in the presence of hundreds of witnesses, that there was no law for witnesses mormons, and they need not expect any. Said he, if the
Governor

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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s exterminating order, had been directed to me, I would have seen it fulfiled to the very letter ere this time.
After a tedious trial of fifteen days, with no other witnesses but ex parte ones, the witnesses, for prisoners were either kicked out of doors or put on trial for themselves. The prisoners were now committed to
Liberty jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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, under the care & direction of Samuel Tillery, jailor,— Here we were received with a shout of indignation & scorn by the prejudiced populace. Prisoners were here thrust into jail without a regular
mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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; the jailor having to send for one some days after. The mercies of the jailor were intolerable, feeding us with a scanty allowance, on the dregs of coffee & tea, from his own table & fetching the provisions in a basket, on which the chickens had roosted the night before without being cleaned; five days he fed the prisoners on human flesh & from extreme hunger I was compelled to eat it. In this situation, we were kept until about the month of April, when we were remanded to
Daviess county

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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for trial before the grand jury.— We were kept under the most loathsome & despotic guards they could produce in that
county

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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of lawless mobs. After six or eight days the grand jury (most of whome by the by, were so drunk that they had to be carried out & into their rooms as though they were lifeless,) formed a fictitious indictment, which was sanctioned by
Judge Birch [Thomas Burch]

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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, who was the [p. 131]
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Related Case Documents
Editorial Title
Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]
ID #
7285
Total Pages
67
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