Indictment, circa 10 April 1839, Copy [State of Missouri v. Gates et al. for Arson]

In the Circuit Court April Term Eighteen hundred and Thirty nine—

to wit—

The Grand Jurors for the State of for the Body of the County of aforesaid upon their oath present that, , , , Jose Joseph Smith Jr, , , , , , , , , Washington Voorheis, Jesse D Hunter, , Sydney Tanner [Turner], , , James Worthington, , , , , , , <​and​> , <​Jesse D. Hunter​> late of said County of on the first day of November in the year of our Lord Eighteen hundred and thirty Eight about the hour of ten Oclock in the night time of the same day with force and Arms at the County of aforesaid, Feloniously unlawfully and Maliciously did set fire to and Burn a Certain dwelling house of one , there situate with intent then and there to defraud and Injurre the said against the form of the Statute in such case made and Provided and against the Peace and Dignity of the —

And the Jurors aforesaid <​upon​> do on their oath aforesaid, do further present that, the said , , , Joseph Smith Jr, , , , , , , , Washington Voorheis, [p. [1]] Jesse D Hunter, , Sydney Tanner, David Carns , James Worthington, , , , , , , , Jesse & D Hunter, late of the County of aforesaid on the first day of November in the year of our Lord Eighteen hundred and thir[ty] Eight, with force and Arms at the County of aforesaid in the night time of the same day, feloniously, unlawfully and Maliciously did set fire to a Certain other dwelling house of one Robert Peniston sen, there situate with intent, then and there to injure and defraud the said Robert [P.] Peniston against the form of the Statute in such case made and provided, and against the peace and Dignity of the —

And the Jurors aforesaid upon their oath aforesaid do further Present that the said Defendants, on the first day of November in the year of our Lord Eighteen hundred and thirty Eight with force and Arms at the County of aforesaid feloniously and Maliciously did set fire and Burn a certain other dwelling house of one there situate with intent the said then and there to injure and defraud against the form of the statute in such case made and provided and against the Peace and Dignity of the —

And the Jurors aforesaid upon their oath aforesaid do further present that the said Defendants, on the first day of November in the year of our Lord Eighteen hundred and thirty Eight, with force and Arms at the County of aforesaid feloniously and maliciously did set fire to a Certain other dwelling house of the said Robert Peniston there Situate, with intent then and there to injure and defraud the said Robert Peniston, against the form of the statute in such case made and provided and against the peace and dignity of the —

And the Jurors aforesaid upon their oath aforesaid do further Present that, the said , , , Joseph Smith Jr, , , , , , Washington Voorheis, Jesse D Hunter, , Sydney Tanner, David Corns , James Worthington, , , , , , , and , late of said County of aforesaid on the first day of November in the year of our Lord Eighteen hundred and thirty Eight, with force and Arms at the County of aforesaid, feloniously and maliciously did set fire to a certain other dwelling house of or belonging [p. 3] to the said there situate with intent, then and there to defraud and injure the said against the form of the Statute in Such case made and Provided and against the peace and Dignity of the —

And the Jurors aforesaid upon their aforesaid do further present, that the said , , , Joseph Smith Jr, , , , , , , , Washington Voorheis, Jesse D Hunter, Sydney Tanner, David Carns, , James Worthington, , and Jesse D Hunter late of said County of on the first day of november in the year of our Lord Eighteen hundred and thirty Eight with force and Arms at the County of aforesaid, feloniously and maliciously did set [fire] to and Burn a certain other dwelling House of one George Worthington, there situate with intent then and there to injure and defraud the said George Worthington, Against the form of the Statute in such case made and provided and against the Peace and Dignity of the —

I Clerk of the Circuit Court within and for the County of aforesaid do hereby certify that the foregoing is a True, full and Perfect Copy of the original Indictments against the Persons therein named, said original being now on file in my office—

[seal]

In Testimony whereof I have hereunto set my hand and affixed my private seal there being no official seal provided— At office the Twentieth day of April in the year of our Lord Eighteen hundred and Thirtynine

 

A Robert P Peniston Foreman of the Grand Jury—

 

Witnesses

William Slade

Allen Rathbun [Rothburn]

James Cobb

Jesse Blakely

James Blakely

Waterman W. Phelps

 

Witnesses

Laban Morin

Francis Mc.Giure

Henry Mc.henry

Benjamin Taylor

George Worthington

Francis Peniston

 

Filed July 12th 1839