Petition to George O. Tompkins, between 9 and 15 March 1839 [State of Missouri v. Gates et al. for Treason]

  • Source Note
  • Historical Introduction
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court as the <​law​> directs that the witnesses on the part of the were taken by force of armes and thereatned [threatened] with extermination imediate Death and were brought without subpoena or warent under this awfull and glaring anticipation of being exterminated if they did not swear something against your petitioner <​him​> to please the mob or his pirsecuters and those persecuters witneses were compeled to swear at the musil [muzzle] of the gun and that some of them have ackno[w]ledged since which your petitio[n]ers do testify and are able to prove that they did swear fals and that they did it in order to save there their lives and your petitioners testify that all the testimony that had any tendancy or bearing of criminality against said Joseph Smith Jr <​is fals​> we are personly acquainted with the circumstances and being with him most of the time and being presant at the times spoken by of by them therefore we know that there their testimony was fals and if he could have had a fair and impartial and lawfull examination before that Court and could have been allowed the privilidge of interducing [introducing] his witnesses <​he could have disproved evry thing that was against him​> but the Court suffered him to be intimodated <​he could have disaproved evry thing that was against him​> some of them in the presants of the Court and they were driven also and hunted and some of them intirly [entirely] driven out of the and thus your petitioner <​he was​> not able to have a fair tryal that the spirit of the Court was tryranicle [tyrannical] and overbearing and the whole transaction of his treatment during his the examination was calculated to convinced your petitioners that it was a religeous persecution proscribing him in the liberty of consience which is garenteed to him by the Constitution of the and the State of that a long catalogue of garbled testimony was permited by the Court perporting to be the religeous sentiment of the said Joseph Smith Jr, which testimony was false and your petitioners know that it was false and can prove also that it was false because the [p. [2]]
court as the law directs that the witnesses on the part of the were taken by force of armes and thereatned [threatened] with extermination imediate Death and were brought without subpoena or warent under this awfull and glaring anticipation of being exterminated if they did not swear something against him to please the mob or his pirsecuters and those witneses were compeled to swear at the musil [muzzle] of the gun and that some of them have acknowledged since which your petitioners do testify and are able to prove that they did swear fals and that they did it in order to save their lives and your petitioners testify that all the testimony that had any tendancy or bearing of criminality against said Joseph Smith Jr is fals we are personly acquainted with the circumstances and being with him most of the time and being presant at the times spoken of by them therefore we know that their testimony was fals and if he could have had a fair and impartial and lawfull examination before that Court and could have been allowed the privilidge of interducing [introducing] his witnesses he could have disproved evry thing that was against him but the Court suffered him to be intimodated some of them in the presants of the Court and they were driven also and hunted and some of them intirly [entirely] driven out of the and thus he was not able to have a fair tryal that the spirit of the Court was tryranicle tyrannical and overbearing and the whole transaction of his treatment during the examination was calculated to convince your petitioners that it was a religeous persecution proscribing him in the liberty of consience which is garenteed to him by the Constitution of the and the State of that a long catalogue of garbled testimony was permited by the Court perporting to be the religeous sentiment of the said Joseph Smith Jr, which testimony was false and your petitioners know that it was false and can prove also that it was false because the [p. [2]]
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