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

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

Page

State of Missouri v. Baldwin, Morrison, Higbee, Marsh, Wight, Brunson, JS, Hunter, and Pratt 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
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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, Missouri, indicted JS and eight other Latter-day Saint men for allegedly burning
Jacob Stollings

22 Oct. 1804–14 May 1853. Boardinghouse owner, farmer. Born in Pennsylvania. Son of Jacob Stollings and Sarah Ann Cooper. Married Jinsey Estes, 28 Mar. 1830, in Clay Co., Missouri. Moved to Daviess Co., Missouri, by 1837. Built first house in Gallatin, Daviess...

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’s store on 18 October 1838 in
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

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, the seat of Daviess County.
1

Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; see LeSueur, 1838 Mormon War in Missouri, 117, 119.


Comprehensive Works Cited

LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

During summer 1838, violence broke out between church members and their antagonists in northwestern
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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. In early October, Latter-day Saints were expelled from
De Witt

Located on bluffs north of Missouri River, about six miles above mouth of Grand River. Permanently settled, by 1826. Laid out, 1836. First called Elderport; name changed to De Witt, 1837, when town acquired by speculators David Thomas and Henry Root, who ...

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in Carroll County, Missouri, making 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
Adam-ondi-Ahman

Settlement located in northwest Missouri. 1835 revelation identified valley of Adam-ondi-Ahman as place where Adam blessed his posterity after leaving Garden of Eden. While seeking new areas in Daviess Co. for settlement, JS and others surveyed site on which...

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and other settlements in Daviess County. In response, church leaders in
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, Caldwell County, decided to engage in aggressive self-defense.
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.


In
John Corrill

17 Sept. 1794–26 Sept. 1842. Surveyor, politician, author. Born at Worcester Co., Massachusetts. Married Margaret Lyndiff, ca. 1830. Lived at Harpersfield, Ashtabula Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 10 Jan. 1831,...

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’s words, the Saints planned “to scatter the mob” and “to destroy those places that harbored them” in Daviess County, particularly Gallatin, which was a suspected vigilante haven.
3

Corrill, Brief History, 37–38.


On 18 October 1838, apostle
David W. Patten

14 Nov. 1799–25 Oct. 1838. Farmer. Born in Vermont. Son of Benoni Patten and Edith Cole. Moved to Theresa, Oneida Co., New York, as a young child. Moved to Dundee, Monroe Co., Michigan Territory, as a youth. Married Phoebe Ann Babcock, 1828, in Dundee. Affiliated...

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led about eighty Latter-day Saint men to
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

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to expel vigilantes opposed to the church, burn buildings owned by vigilantes and their sympathizers, and confiscate essential goods as wartime appropriations.
4

Andrew Job, Testimony, Richmond, MO, Nov. 1838, p. [70]; George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100]; Ezra Williams, Testimony, Richmond, MO, Nov. 1838, p. [109], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, p. 16, Nauvoo, IL, Records, CHL.


Comprehensive Works Cited

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

Morris Phelps, a participant in the expedition, stated that the town’s residents scattered when they recognized the approaching Saints. Church members targeted
Stollings

22 Oct. 1804–14 May 1853. Boardinghouse owner, farmer. Born in Pennsylvania. Son of Jacob Stollings and Sarah Ann Cooper. Married Jinsey Estes, 28 Mar. 1830, in Clay Co., Missouri. Moved to Daviess Co., Missouri, by 1837. Built first house in Gallatin, Daviess...

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’s grocery store, believed to be a “place of rendezvous” for the church’s opponents.
5

Phelps, Reminiscences, 9–10. Although Phelps did not disclose his participation in the Gallatin expedition, several witnesses at the November 1838 hearing identified him as among the men who were present. (See, for example, Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [22]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [40]; and John Cleminson, Testimony, Richmond, MO, Nov. 1838, p. [52], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)


Comprehensive Works Cited

Phelps, Morris. Reminiscences, no date. CHL. MS 271.

The store clerk, Patrick Lynch, later testified that he escaped the building just as the Latter-day Saints approached. From a secluded position, he watched the men secure the building and move goods into the street.
6

Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, pp. [112]–[113], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].


The store was then set on fire, apparently by church members. Oliver Huntington, a Latter-day Saint living at
Adam-ondi-Ahman

Settlement located in northwest Missouri. 1835 revelation identified valley of Adam-ondi-Ahman as place where Adam blessed his posterity after leaving Garden of Eden. While seeking new areas in Daviess Co. for settlement, JS and others surveyed site on which...

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at the time, later recalled that from a distance, he observed smoke “rising towards Heaven.” When the men returned to Adam-ondi-Ahman, Huntington saw that goods confiscated from the store were deposited in Bishop
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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’s home.
7

Oliver Huntington, “History of Oliver Boardman Huntington,” 21–22. Several disaffected Latter-day Saints testified at the November 1838 hearing. Reed Peck testified that just before the October expedition to Gallatin, JS gave a speech “in refference to stealing,” stating that “in a general way he did not approve of it” but that under certain circumstances it was necessary, such as when the “Saviour & his disciples stole corn in passing thro’ the corn fields for the reason that they could not otherwise procure any thing to eat.” William W. Phelps testified that JS gave the speech because “when they went out to war it was necessary to take spoils to live on.” Jeremiah Myers, a Latter-day Saint who participated in the expedition, explained that the goods removed from Stollings’s store were “considered consecrated property & that they were to be dealt out by the bishop to those who stood in need.” (Reed Peck, Testimony, Richmond, MO, Nov. 1838, p. [57]; William W. Phelps, Testimony, Richmond, MO, Nov. 1838, p. [89]; Jeremiah Myers, Testimony, Richmond, MO, Nov. 1838, p. [69], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; see also Matthew 12:1–8; Mark 2:23–28; and Luke 6:1–5.)


Comprehensive Works Cited

Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.

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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governor
Lilburn W. Boggs

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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, 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 state.” The “ring leaders of this rebellion,” including JS, were to be arrested and tried for crimes allegedly committed during the conflict.
8

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.


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

In late October and early November 1838, more than three thousand state militia troops occupied Latter-day Saint settlements in
Caldwell

Located in northwest Missouri. Settled by whites, by 1831. Described as being “one-third timber and two-thirds prairie” in 1836. Created specifically for Latter-day Saints by Missouri state legislature, 29 Dec. 1836, in attempt to solve “Mormon problem.” ...

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and
Daviess

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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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
John B. 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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, who had the prisoners moved to his headquarters in
Richmond

Area settled, ca. 1814. Officially platted as Ray Co. seat, 1827. Population in 1840 about 500. Seat of Fifth Judicial Circuit Court of Missouri; also location of courthouse and jails. JS and about sixty other Latter-day Saint men were incarcerated here while...

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. 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, arson, burglary, robbery and larceny and perjury” as their offenses, all committed “under the counsel of Joseph Smith jr, the prophet.”
9

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.


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

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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arranged with 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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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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’s fifth judicial circuit to preside at a criminal court of inquiry to determine whether there was probable cause to send the cases against the Latter-day Saints to a grand jury.
10

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.


Comprehensive Works Cited

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.

Circuit attorney
Thomas C. 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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served as the prosecutor, while
Alexander Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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,
Amos Rees

2 Dec. 1800–29 Jan. 1886. Lawyer. Born in Winchester, Frederick Co., Virginia. Moved to Clay Co., Missouri, by 1830. Married Judith B. Trigg, 15 July 1830, in Liberty, Clay Co. Prosecuting attorney for Clay Co., 1831–1834. Prosecuting attorney for Missouri...

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, and
John R. Williams

ca. 1795–ca. 1855. Lawyer. Born in Virginia. Married Judith S. Worsham, 2 Feb. 1815, in Prince Edward Co., Virginia. Moved to Ray Co., Missouri, by 1838. Served as defense attorney for JS and others, 1838. Likely died in Ray Co.

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represented the fifty-three defendants in custody.
11

[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].)


During the proceedings, eleven more Latter-day Saint men were charged, bringing the total to sixty-four defendants.
12

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].)


The church members’ October 1838 expedition to
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

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, including the burning of
Stollings

22 Oct. 1804–14 May 1853. Boardinghouse owner, farmer. Born in Pennsylvania. Son of Jacob Stollings and Sarah Ann Cooper. Married Jinsey Estes, 28 Mar. 1830, in Clay Co., Missouri. Moved to Daviess Co., Missouri, by 1837. Built first house in Gallatin, Daviess...

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’s store, was a significant topic at the hearing.
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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law stated that “every person who shall wilfully set fire to, or burn . . . any shop, ware-house, or other building” would “be adjudged guilty of arson.”
13

An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 174, art. 3, sec. 6.


Comprehensive Works Cited

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.

Disaffected Latter-day Saint
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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claimed in his testimony that he heard JS and other church leaders making plans in
Adam-ondi-Ahman

Settlement located in northwest Missouri. 1835 revelation identified valley of Adam-ondi-Ahman as place where Adam blessed his posterity after leaving Garden of Eden. While seeking new areas in Daviess Co. for settlement, JS and others surveyed site on which...

More Info
“to take the goods out of the Store at Gallatin, bring them to Diahmon & burn the store.”
14

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].


Although several individuals said they saw the building burning, none could definitively state that a Latter-day Saint had lit the fire.
15

William Morgan, Affidavit, Daviess Co., MO, 21 Oct. 1838, copy, Mormon War Papers, MSA; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [7]; Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [113]; Joseph McGee, Testimony, Richmond, MO, Nov. 1838, p. [103]; George W. Worthington, Testimony, Richmond, MO, Nov. 1838, p. [101], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

Morris Phelps later claimed that
Sampson Avard

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

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, a Latter-day Saint who participated in the expedition to Gallatin, had “in his rage hurled a pine brand into it [the store] which melted it to ashes.” However, Phelps then backtracked: “Others have said that the mob burnt it in order to have a pretext or cause of action against the Mormons. But the particulars of these things remain yet to be determined.”
16

Phelps continued: “Allowing this to be the Mormons;— The reader will bear in mind the many extream which they have been driven too by loss of property by the sufferings of their Women and children; their houses frequently burnt their women and children turned in to the snow.” He conceded that “many had become much enraged and perhaps carried some things beyond the bounds of wisdom as other men frequently do when driven to desperation.” (Phelps, Reminiscences, 10–11.)


Comprehensive Works Cited

Phelps, Morris. Reminiscences, no date. CHL. MS 271.

As for JS, no witnesses placed him in Gallatin during the expedition on 18 October. Several instead affirmed that he remained in Adam-ondi-Ahman to direct the Latter-day Saints’ several military operations in
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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.
17

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. [89]–[91], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].


At the conclusion of the hearing on 29 November,
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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held there was “probable cause to believe” that twenty-four Latter-day Saints had committed “Arson, Burglary, Robbery and Larceny” in
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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. They were admitted to bail on the condition that they appear before the grand jury at the April 1839 session of the Daviess County Circuit Court.
18

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.


Though JS would be named later as part of the grand jury’s indictment, he was not included among the twenty-four defendants named by King. The judge may have left JS’s name off the list knowing that he would already be incarcerated because King himself had earlier found probable cause to believe that JS,
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

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, and
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

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—all of whom would later be named in the arson indictment—had committed treason against 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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. As treason was a nonbailable offense, the men were confined in the
Clay County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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jail in
Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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, Missouri, to await the spring term of the court.
19

See Introduction to State of Missouri v. Gates et al. for Treason; Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.


On 6 April 1839, the prisoners were removed from the
Clay County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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jail and transported 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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, where the April 1839 session of the Daviess County Circuit Court was held at the home of Elisha B. Creekmore, just southeast of
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

More Info
.
20

Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:278, 278n66.


Judge
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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of the recently formed eleventh judicial circuit presided, and
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

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acted as the prosecuting attorney.
21

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.)


Comprehensive Works Cited

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.

Alexander Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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and
Peter Burnett

15 Nov. 1807–17 May 1895. Clerk, store owner, editor, lawyer, politician, judge, banker. Born in Nashville, Davidson Co., Tennessee. Son of George Burnet and Dorothy Hardeman. Family moved to Clay Co., Missouri, spring 1822. Married Harriet W. Rogers, 20 ...

View Full Bio
represented the defendants.
22

Burnett, Recollections and Opinions, 65.


Comprehensive Works Cited

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

Sheriff William Morgan impaneled twenty county residents as a grand jury to review, with the assistance of Clark, evidence for the arson charge as well as other charges against JS and dozens of other Latter-day Saint men for crimes allegedly committed during the 1838 conflict.
23

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. (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.)


Comprehensive Works Cited

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.

Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

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presented an indictment to the grand jury laying out the prosecution’s case that
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

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,
Seymour Brunson

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

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,
Elias Higbee

23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...

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,
Jesse D. Hunter

5 July 1806–27/29 Aug. 1877. Farmer, carpenter, Indian agent. Born in Hopkinsville, Christian Co., Kentucky. Son of Samuel Hunter and Lydia Devinney. Married Keziah Brown, Dec. 1827, in St. Louis. Baptized into Church of Jesus Christ of Latter-day Saints,...

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,
Thomas B. Marsh

1 Nov. 1800–Jan. 1866. Farmer, hotel worker, waiter, horse groom, grocer, type foundry worker, teacher. Born at Acton, Middlesex Co., Massachusetts. Son of James Marsh and Molly Law. Married first Elizabeth Godkin, 1 Nov. 1820, at New York City. Moved to ...

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,
Arthur Morrison

Ca. 1802–after 1850. Merchant, tailor, militia captain, judge. Born in Virginia. Moved to Batavia, Clermont Co., Ohio, by 1825. Married Keziah Ann Voriz, 17 Nov. 1825, in Clermont Co. Moved to Palestine, Darke Co., Ohio, by 1830. Baptized into Church of Jesus...

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,
Parley P. Pratt

12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....

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, JS, and
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

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“feloniously unlawfully, and maliciously did set fire to and burn a Certain Store house of one
Jacob Stollings

22 Oct. 1804–14 May 1853. Boardinghouse owner, farmer. Born in Pennsylvania. Son of Jacob Stollings and Sarah Ann Cooper. Married Jinsey Estes, 28 Mar. 1830, in Clay Co., Missouri. Moved to Daviess Co., Missouri, by 1837. Built first house in Gallatin, Daviess...

View Full Bio
.”
24

Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]. Only Jesse D. Hunter was bound over for arson and other crimes at the November 1838 hearing. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)


Rather than dating the burning to 18 October—the date established in historical accounts—the indictment claimed that the crime occurred on 10 November, a problematic date given that each of the named defendants was in state custody by that time. In addition, Clark inserted into the indictment that the arson occurred “in the night time,” whereas historical accounts indicated that the burning occurred during the day.
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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law carried harsher penalties for arson committed at night.
25

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 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.)


Comprehensive Works Cited

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.

Clark wrote on the wrapper of the indictment the name of
Sampson Avard

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

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as a witness. Around 10 April, when the grand jury hearing concluded, foreman Robert P. Peniston Sr. wrote “
true Bill

“These words are endorsed on a bill of indictment when a grand jury, after having heard the witnesses for the government, are of opinion there is sufficient cause to put the defendant on his trial.”

View Glossary
” on the document, indicating that at least twelve of the grand jurors approved the indictment.
26

Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin 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. The grand jury also indicted several Latter-day Saint men for burglary—for allegedly breaking into and removing property from Stollings’s store—but JS was not named as a defendant in that indictment. (Indictment, [Honey Creek Township, MO], ca. 10 Apr. 1839, State of Missouri v. Baldwin et al. for Burglary [Daviess Co. Cir. Ct. 1839], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)


Comprehensive Works Cited

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.

Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

The grand jury submitted the arson indictment to the circuit court on 11 April 1839.
27

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


Of the nine named defendants, only three—JS,
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

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, and
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

View Full Bio
—were present in the circuit court on 11 April, because the remaining defendants had already departed
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 ...

More Info
in forced compliance with
Governor Boggs

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 expulsion order.
28

See Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Baldwin 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.


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

Citing his previous service as the prosecuting attorney in the case,
Judge 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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issued an order that changed the venue of the arson case for JS and his fellow prisoners to
Boone County

Located in north-central part of Missouri. First settled, 1812–1813. Organized from Howard Co., 1820. Columbia established as county seat, 1821. Population in 1830 about 9,000; in 1840 about 13,500; and in 1850 about 15,000. While imprisoned and awaiting ...

More Info
in the second judicial circuit.
29

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


The prisoners left
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

More Info
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.
30

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


Notwithstanding the escape, in the ensuing months
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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Circuit Court clerk
Robert Wilson

Nov. 1800–10 May 1870. Politician, Lawyer, Farmer. Born near Staunton, Augusta Co., Virginia. Moved to Franklin, Howard Co., Missouri Territory, by 1820. Married Margaret (Peggie) Snoddy, 18 May 1826. Served as clerk of circuit and county courts in Randolph...

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made certified copies of the indictment and the other records in his docket for the arson case and forwarded them to the
Boone County

Located in north-central part of Missouri. First settled, 1812–1813. Organized from Howard Co., 1820. Columbia established as county seat, 1821. Population in 1830 about 9,000; in 1840 about 13,500; and in 1850 about 15,000. While imprisoned and awaiting ...

More Info
Circuit Court.
31

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


However, perhaps due to the escape of the prisoners, Wilson was evidently uncertain as to whether Daviess County maintained jurisdiction in the case. 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
capias

Latin for “that you take”; a writ or process commanding a sheriff or other officer to take a defendant into legal custody. Each use of this term is adapted to the purposes indicated by additional words used for its designation. When a summons was not the ...

View Glossary
ordering the Daviess County sheriff to arrest JS and the other defendants named in the indictment.
32

The writ of capias for the arson case is not extant, but it is mentioned in Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson]. (See also Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot].)


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.
33

Docket Entry, Continuance, 14 Aug. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson].


In contrast,
Roger N. Todd

5 Sept. 1797–11 Apr. 1846. Circuit court clerk. Born in Lexington, Fayette Co., Kentucky. Son of Levi Todd and Jane Briggs. Married Matilda Ferguson, ca. 30 Aug. 1819, in Fayette Co. Moved to Columbia, Boone Co., Missouri, by 1822. Uncle of Mary Todd Lincoln...

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, 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, as it was apparent that the defendants were not going to appear for the trial, Judge John D. Leland ordered that the case be dismissed.
34

Docket Entry, Continuance, 17 Aug. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Continuance, 4 Nov. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Baldwin 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.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

 
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.
 
State of Missouri v. Baldwin et al. for Arson, Daviess Co., Missouri, Circuit Court

1839 (7)

April (4)

Ca. 10 April 1839

Indictment, Honey Creek Township, Daviess Co., MO

  • Ca. 10 Apr. 1839; Historical Department, Nineteenth-Century Legal Documents Collection, CHL; handwriting of James A. Clark; docket and notation in handwriting of James A. Clark with probable signature of Robert P. Peniston Sr.
  • 20 Apr. 1839;
    1

    Daviess County Circuit Court clerk Robert Wilson made certified copies of the indictment and the other records in his docket and forwarded them to the Boone County Circuit Court, where they were subsequently filed.


    document destroyed;
    2

    Boone Co. Cir. Ct. staff, personal communication with David Grua, 2005.


    photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson; docket and notations in handwriting of Robert Wilson; 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;
    1

    Daviess County Circuit Court clerk Robert Wilson made certified copies of the indictment and the other records in his docket and forwarded them to the Boone County Circuit Court, where they were subsequently filed.


    in “Copy of Record,” 2, 11, document destroyed;
    2

    Boone County Circuit Court staff, personal communication with David Grua, 2005.


    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, p. 70, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839;
    1

    Daviess County Circuit Court clerk Robert Wilson made certified copies of the indictment and the other records in his docket and forwarded them to the Boone County Circuit Court, where they were subsequently filed.


    in “Copy of Record,” 10–11, document destroyed;
    2

    Boone County Circuit Court staff, personal communication with David Grua, 2005.


    photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
11 April 1839

Order of Commitment, Honey Creek Township, Daviess Co., MO

  • 11 Apr. 1839; Historical Department, Nineteenth-Century Legal Documents Collection, CHL; handwriting of Robert Wilson; certification in handwriting of William Morgan; docket and notation in handwriting of Robert Wilson.

May (1)

30 May 1839

Capias, Honey Creek Township, Daviess Co., MO

  • 30 May 1839. Not extant.
    1

    See Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson]; and Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot].


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. 151, 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, p. 250, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
 
State of Missouri v. Baldwin et al. for Arson, Boone Co., Missouri, Circuit Court

1839 (5)

April (3)

Ca. 10 April 1839

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

  • 20 Apr. 1839; document destroyed;
    1

    Boone Co. Cir. Ct. staff, personal communication with David Grua, 2005.


    photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson; docket and notations in handwriting of Robert Wilson; notation in handwriting of Roger N. Todd.
    2

    This represents the certified copy of the Daviess County Circuit Court indictment that was filed with the Boone County Circuit Court.


11 April 1839

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

  • 26 June 1839; in “Copy of Record,” 2, 11, document destroyed;
    1

    Boone County Circuit Court staff, personal communication with David Grua, 2005.


    photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
    2

    This represents the certified copy of the Daviess County Circuit Court docket entry that was filed with the Boone County Circuit Court.


11 April 1839

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

  • 26 June 1839; in “Copy of Record,” 10–11, document destroyed;
    1

    Boone County Circuit Court staff, personal communication with David Grua, 2005.


    photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
    2

    This represents the certified copy of the Daviess County Circuit Court docket entry that was filed with the Boone County Circuit Court.


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. 280, 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. 316, Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.
 
Documents Related to State of Missouri v. Baldwin et al. for Arson

1838 (1)

November (1)

12–29 November 1838

Minutes and Testimonies, Richmond, Ray Co., MO

  • 12–29 Nov. 1838; Eugene Morrow Violette Collection, State Historical Society of Missouri, Columbia; unidentified handwriting.
    1

    Copies were made ca. late 1838–ca. early 1839 for the Missouri state legislature. (Minutes and Testimonies, 12–29 November 1838, Copy and Letter [State of Missouri v. Gates et al. for Treason]; and Minutes and Testimonies, 12–29 November 1838, Copy [State of Missouri v. Gates et al. for Treason].)


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Related Case Documents
Editorial Title
Introduction to State of Missouri v. Baldwin et al. for Arson
ID #
14461
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; see LeSueur, 1838 Mormon War in Missouri, 117, 119.

      LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

    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.

    4. [4]

      Andrew Job, Testimony, Richmond, MO, Nov. 1838, p. [70]; George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100]; Ezra Williams, Testimony, Richmond, MO, Nov. 1838, p. [109], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, p. 16, Nauvoo, IL, Records, CHL.

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

    5. [5]

      Phelps, Reminiscences, 9–10. Although Phelps did not disclose his participation in the Gallatin expedition, several witnesses at the November 1838 hearing identified him as among the men who were present. (See, for example, Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [22]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [40]; and John Cleminson, Testimony, Richmond, MO, Nov. 1838, p. [52], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)

      Phelps, Morris. Reminiscences, no date. CHL. MS 271.

    6. [6]

      Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, pp. [112]–[113], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    7. [7]

      Oliver Huntington, “History of Oliver Boardman Huntington,” 21–22. Several disaffected Latter-day Saints testified at the November 1838 hearing. Reed Peck testified that just before the October expedition to Gallatin, JS gave a speech “in refference to stealing,” stating that “in a general way he did not approve of it” but that under certain circumstances it was necessary, such as when the “Saviour & his disciples stole corn in passing thro’ the corn fields for the reason that they could not otherwise procure any thing to eat.” William W. Phelps testified that JS gave the speech because “when they went out to war it was necessary to take spoils to live on.” Jeremiah Myers, a Latter-day Saint who participated in the expedition, explained that the goods removed from Stollings’s store were “considered consecrated property & that they were to be dealt out by the bishop to those who stood in need.” (Reed Peck, Testimony, Richmond, MO, Nov. 1838, p. [57]; William W. Phelps, Testimony, Richmond, MO, Nov. 1838, p. [89]; Jeremiah Myers, Testimony, Richmond, MO, Nov. 1838, p. [69], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; see also Matthew 12:1–8; Mark 2:23–28; and Luke 6:1–5.)

      Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.

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      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.

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      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.

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      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.

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      [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].)

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      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].)

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      An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 174, art. 3, sec. 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. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

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      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].

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      William Morgan, Affidavit, Daviess Co., MO, 21 Oct. 1838, copy, Mormon War Papers, MSA; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [7]; Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [113]; Joseph McGee, Testimony, Richmond, MO, Nov. 1838, p. [103]; George W. Worthington, Testimony, Richmond, MO, Nov. 1838, p. [101], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

      Mormon War Papers, 1838–1841. MSA.

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      Phelps continued: “Allowing this to be the Mormons;— The reader will bear in mind the many extream which they have been driven too by loss of property by the sufferings of their Women and children; their houses frequently burnt their women and children turned in to the snow.” He conceded that “many had become much enraged and perhaps carried some things beyond the bounds of wisdom as other men frequently do when driven to desperation.” (Phelps, Reminiscences, 10–11.)

      Phelps, Morris. Reminiscences, no date. CHL. MS 271.

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      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. [89]–[91], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

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      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.

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      See Introduction to State of Missouri v. Gates et al. for Treason; Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

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      Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:278, 278n66.

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      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.

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      Burnett, Recollections and Opinions, 65.

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

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      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. (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.

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      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]. Only Jesse D. Hunter was bound over for arson and other crimes at the November 1838 hearing. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)

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      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 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.

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      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin 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. The grand jury also indicted several Latter-day Saint men for burglary—for allegedly breaking into and removing property from Stollings’s store—but JS was not named as a defendant in that indictment. (Indictment, [Honey Creek Township, MO], ca. 10 Apr. 1839, State of Missouri v. Baldwin et al. for Burglary [Daviess Co. Cir. Ct. 1839], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)

      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.

      Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

    27. [27]

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

    28. [28]

      See Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Baldwin 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.

      Mormon War Papers, 1838–1841. MSA.

    29. [29]

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

    30. [30]

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

    31. [31]

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

    32. [32]

      The writ of capias for the arson case is not extant, but it is mentioned in Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson]. (See also Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot].)

    33. [33]

      Docket Entry, Continuance, 14 Aug. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson].

    34. [34]

      Docket Entry, Continuance, 17 Aug. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Continuance, 4 Nov. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Baldwin 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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