Transcript of Proceedings, circa 18 September 1838 [State of Missouri v. JS et al. for Riot]
Transcript of Proceedings, , MO, ca. 18 Sept. 1838, State of MO v. JS et al. for Riot (Daviess Co., MO, Justice of the Peace Court 1838). Published [ca. Apr. 1841] in Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841; 159–163.
I here append certain testimony, which is on file in this office, taken before John Wright, and Elijah Foley, Justices of the peace, setting as a Committing Court on the 18th of September, 1838, in , and said testimony committed to writing by the late Hon. , then Circuit Attorney in this Judicial Circuit, which is as follows, to wit:
Examination of , , , William Alridge [Aldrich], Absalom Sentchfield, Amos Tubbs [Tubs], , , , Ephraim Owens [Owen], John Lemmon, and , taken before us, John Wright and Elijah Foley, two justices of the peace, within and for the county of , in the State of , on the 18th day of September, 1838, upon a charge of having upon the 8th day of August, 1838, at said county of , with others unlawfully assembled, and surrouuded [surrounded] the house of , and blocked up the doors of the dwelling house of said , and threatened the life of said , and other citizens of said county of .
, of lawful age, being produced sworn and examined as a witness on the part of the , deposeth and saith: that in the morning between nine and ten o’clock, and some of the above named gentlemen and others, amounting to about 17, well armed, came in about ten steps of his door, and called him to come out to the fence. He refused going out, and invited them to get down, and come to the house. They refused alighting, saying they had not time. said he had come to see the , that he had some talk for him; he then went out to him, and he said they had come to see the , to get him to sign an obligation, binding him, said , to do them justice as justice of the peace; refused to do so, and told him that if his oath and the laws of the country did not bind him, a written obligation would be no more binding, and told [p. 159]