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

  • Source Note
  • Historical Introduction

Document Transcript

State of Missouri)
County of )
In Circuit Court April Term Eighteen hundred and thirtynine
to wit—
The Grand Jurors for the State of for the Body of the County of aforesaid, upon their oath present that , , , Joseph Smith Jr, , , , , , , , , , Jesse D Hunter, , Sidney Tanner [Turner], David Carns, , James Worthington, , , , , , Perry Durphy [Durfee], , , , , , , , , Ebenezer Page, Finl[e]y Page, , , , Benj. Durphee and late of the County of [blank] being Citizens of our said not having the fear of God in their <​hearts​> nor weighing their Allegiance, but being moved and seduced by the instigation of the Devil as false Traitors against the Laws of our said . And wholly withdrawing the Cordial love and true <​and due​> obedience, which Every true and faithful Citizen of our said should and of wright ought to bear towards the laws of our said , and contriving and with all their strength intending Traitorously to Break and disturb the peace and <​common​> tranquility of this State of and to stir and move and Excite Insurection, Rebellion [p. [1]] and war against our said within this , and to Subvert and alter the Legislature, Rule and Government, now duly and happily established in this on the [blank] day of [blank] in the year of our Lord Eighteen hundred and thirty Eight and on divers other days and times as well before as after at the County of Aforesaid Maliciously with force and Arms, and of their Malice aforethought, did Amongst themselves and together with other Divers other false Traitors whose names are to the said Jurors unknown conspire, compass, imagine and intend to stir move and Excite insurrection Rebellion and war, against our said within this State of , to subvert and alter the Legislature, Rule and Government now duly and happily Established and to fulfil, perfect and bring to effect their most Evil and wicked Treason and Treasonable compassings and immaginations aforesaid, The said Defendants as such false Traitors as aforesaid with force and Arms on the said [blank] day of [blank] in the year of our Lord Eighteen hundred and Thirty Eight and on divirs other days and times as well before as after at the County of aforesaid maliciously and Traitorously did meet conspire consult and agree among themselves and together with divers other false Traitors whose names are to the said Jurors unknown, to cause and procure a convention and meeting of divers Citizens of this to be assembled and held within this with intent and in order [p. 2] that the Persons to be assembled at such meeting should and might wickedly and traitorously without authority, and in defience of the laws of this , levy war against our said and subvert and cause to be subverted and altered the Legislature, Rule and Government of this , now duly and happily established in this — And further to fulfil, Perfect and bring to Effect their most Evil and wicked Treason and Treasonable Compassings, and immaginations aforesaid and in order the more readily and effectually to Assemble such convention and meeting as aforesaid for the Traitorous purposes aforesaid and thereby to accomplish the said Purposes the said Defendants as such false Traitors as aforesaid together with Divers other false Traitors whose names are to the Jurors unknow[n]. The said Defendants as such false Traitors as aforesaid with force and Arms, on the [blank] day of [blank] in the year of our Lord Eighteen hundred and thirty-Eight and on Divers other days and times as well before as after at the County of aforesaid, maliciously & traitorously did compose and write and did then and there maliciously and Traitorously cause to be composed and written Divers Pamphlets, Letters, Instructions, resolutions, orders, Declarations, Addresses and Writings, and did then and there Maliciously and traitorously Publish and did then and there Maliciously and Traitorously cause to be Published Divers other Pamphlets, Letters, Instructions Resolutions, orders Declaration [p. 3] Addresses and wri[t]ings the said Pamphl[e]ts, Letters, Instructions, Res[ol]utions, o[r]ders, d[ec]larations, Addresses and writ[ings] so [res]pectively co[m]posed [3 words illegible] caused to be compos[e]d written and Published, purporting and containing therein among other things incitements, Encouragements and Exhortations to move induce and persuade the Citizens of our said to levy war against our said and to Adhere to the Enemies of our said and to give them aid and comfort in time of war, and further to fulfil, Perfect and bring to effect, their most Evil and wicked Treason and treasonable compassings and immaginations aforesaid, and in order the more readily and effectually to assemble such convention and meeting as aforesaid [f]or the Traitorous purposes aforesaid and thereby <​to​> accomplish the said purposes, the said defendants as such false Traitors as aforesaid [o]n the [blank] day of [blank] in the y[ea]r of our Lord Eighteen hundred and thirty Eight aforesaid and on Divers othe[r] days and times as well before as after, with force and Arms at the County of aforesaid, did meet consult, and deliberate among themselves and together with Divers other false Traitors whose names are to the Jurors aforesaid unknown of and concerning the calling and Assembling such convention and meeting as aforesaid for the Traitorous Purposes aforesaid and how when and where su[c]h convention and meeting should be as[sem]bled and he[l]d [p. 4] and by what means the Citizens of our said should and mig[h]t be in[d]uced and moved to convene and m[e]et in s[a]id convention and meeting.
And further to fulfil, Perfect and bring to Effect their most Evil and wicked Treason and Treasonable compassings and immaginations aforesaid, and in order the more readily and Effectually to assemble such convention and meeting as aforesaid for the Traitorous purposes aforesaid and thereby to accomplish, the said Purposes, the said Defendants as such false Traitors as aforesaid, together with Divirs other false Traitors whose names are to the said Jurors unknown on the said day of [blank] in year of our Lord Eighteen hundred and thirty Eight and on Divers other days and times as well before as after with force and Arms at the County of aforesaid Maliciously and Traitorously did consent and Cooperate among themselves and together with Divers other false Traitors wh[o]se names are to the said [J]urors unknown for [illegible] [answering?] the calling and assembling said convention and Meeting as aforesaid for th[e] Traitorous Purposes aforesaid. And further to fulfil Perfect and bring to Effect their most and wicked Treason and Treasonab[le] practices Compassings <​and​> immaginations aforesaid together with Divers other false Trait[o]rs whose names are to the said Jurors unknown, on the said [blank] day of [blank] in the year of our L[or]d Eighteen hundred and thirty Eight, with force and A[rms] at the County of aforesaid [p. 5] maliciously and Traitorously did cause and procure, to be made and Provided and did then and there maliciously and Traitorously consent and agree to the making and providing of dive[r]s arms and offensive weapons to-wit— Guns, Muskets, Pikes and Axes for the Purpose of arming Divers Citizens of our said , in order and to the intent, that same Citizens should and might, unlawfully forcibly and Traitorously oppose and withstand the officers of our said , in the due and lawful exorcize of their Power and Authority, in the due of the Laws and Statutes of this , and Should and might unlawfully, forcibly and Traitorously subvert and alter and aid and assist in subverting and altering, without and in defience of authority and against the will of the People of this , the Legislature, Rule and Government now duly and happily Established in this — And to fulfil, Perfect, and bring to effect their most Evil Evil and wicked Treason and Treasonable compassings and immaginations aforesaid the said Defendants as such false Traitors as aforesaid, on the said first day of November in the year of our Lord Eighteen hundred and thirty Eight and on Divers other days and times as well before as after at the County of aforesaid maliciously did meet conspire and consult and agree among themselves and with Divers other false Traitors whose names are to the said Jurors unknown [p. 6] to raise, levy and make insurection, Rebellion and War, within this , against our said State of — And further to fulfil Perfect, and bring to effect their most Evil and wicked Treason and Treasonable compassings and Immaginations aforesaid, the said Defendants as such false Traitors as aforesaid on the said [blank] day of [blank] in the year of our Lord Eighteen hundred and thirty Eight and on Divers other days and times, as well before as after at the County of aforesaid with force and Arms Maliciously and Traitorously did meet, conspire, consult, and agree together amongst themselves and together with Divers other false Traitors whose names are to the Jurors aforesaid unknown, unlawfully, wickedly and traitorously to subvert and alter and cause to be subverted and altered, the Legislature Rule, and Government, now duly and happily Established in this State of — And further to fulfil, Perfect and bring to Effect their most Evil and wicked Treason and Treasonable compassings and immaginations aforesaid and in order the more readily and Effectually to bring about such Subversion and alteration last aforesaid, the said Defendants as such false Traitors as aforesaid together with Divers other false Traitors whose names are unknown to the said Jurors unknown on the said [blank] day of [blank] in the year of our Lord Eighteen hundred and thirty [p. 7] eight and on divers days and times as well before as after with force and Arms at the aforesaid Maliciously and traitorously did Prepare and compose and did then and there maliciously and Traitorously cause to be prepared and composed Divers Books, Pamphlets, Letters, Declarations Instructions, Resolutions, orders, Addresses and Writings, and did then and there maliciously and Traitorously Publish and disperse and did then and there Maliciously and Traitorously cause and procure to be Published and Dispersed divers other Books, Pamphlets, Letters, Declarations, Instructions, Resolutions, Orders, Addresses, and writings so respectively Prepared, composed Published, dispersed as last aforesaid. Purporting and containing therein, amongst other things incitements, Encouragements and Exhortations to move, induce and persuade the Citizens of our said State of to aid and assist in carrying into effect such traitorous Subversion and alteration as last aforesaid, and also continuing <​containing​> therein amongst other things information, Instructions and directions to the Citizens of our said how when and where upon what occasion the Traitorous Purposes last aforesaid should and might be carried into Effect— And further to fulfil, Perfect and bring to Effect their most Wicked Treason and Treasonable Compassings and immaginations aforesaid the said Defendants as such false [p. 8] Traitors as aforesaid together with Divers other false traitors whose names are to the said Jurors unknown on the [blank] day of [blank] in the year of our Lord Eighteen hundred and thirty Eight and on divers other days and times as well before as after at the County of aforesaid with force and Arms, Maliciously and Traitorously did procure and provide and did then and there Maliciously and traitorously did cause and procure to be provided and did then and there Maliciously and Traitorously consult <​consent​> and Agree to the Procuring and Providing Arms and offensive Weapons to wit— Guns Muskets Pikes and Axes therewith to levy war Insurection and Rebellion against our said within this State of against the duty of the alligiance of the said Defendants— And further to fulfil fulfil, Perfect and bring to effect their most wicked Treason and Treasonable compassings and immaginations aforesaid, the said Defendants as such false Traitors as aforesaid on the first day of November in the year of our Lord Eighteen hundred and thirty Eight and on divers other days and times as well before as after at the aforesaid with force and Arms Maliciously and Traitorously did meet and collect together Armed with Guns, Muskets, Pikes and Axes, [p. 9] and did then and there agree amongst themselves and together with divers other false Traitors whose names are to the said Jurors unknown Wickedly and Traitorously to Subvert and alter and cause to be subverted and altered the Laws, Legislature, Rule and Government of our said Now duly and happily Established, in this did meet and convene and collect together a large armed force, and then and there did levy war against our said , and did then and there levy war against the People of this , Against the Allegiance of the said Defendants, against the form of of the Statute in such case made and provided and against the peace and Dignity of the
Circuit Attorney
State of Missouri) SS [scilicet]
County of )
I Clerk of the Circuit Court within and for the County of aforesaid do hereby certify that the above and foregoing is a True full and Perfect Copy of the original Indictments against the Persons therein named now on file in my office—
[seal]
In Testimony whereof I have hereunto set my hand and affixed my private seal [p. 10] there being no official seal provided. At office the Twentieth day of April in the year of our Lord one thousand Eight hundred and Thirty nine—
Clerk [p. [11]]
vs) Treason
Joseph Smith Jr
and others
 
A Robert P. Peniston [Sr.] Foreman of the Grand Jury
 
Witnesses Waterman Phelps Francis Mc.Guire
 
Witnesses Laban Morin Henry Mchenry John Edwards John Brown Robert McGaugh [McGaw] Jackson Job Ira Glaze
 
Filed July 12[t]h 1839
Cle[r]k [p. [12]]

Footnotes

  1. new scribe logo

    Docket and notations in handwriting of Robert Wilson.  

  2. new scribe logo

    Notation in handwriting of Roger N. Todd.