Petition, circa 11 September 1838 [State of Missouri v. JS et al. for Riot]
[1 line illegible]
follows, to wit, that on or about the 8th day of August 1838 in , there came an armed force to his s house in said among whom the said and and others persons named in said affidavit were a part, and then and there with deadly weapons made an assault upon him the said , and then and there threatened him (who was then an acting Justice of the peace within and for [p. ] aforesaid) with instant death if he did not sign a certain instrument of writing binding himself as a Justice of the peace of said County of not to molest the people called Mormons, and threatened the lives of himself the said & others, and said they intended to make every citizen of said sign such obligation &c.
[1 line illegible]
after the arrest, to bring the Bodies of the persons therein named forthwith before your petitioner, to answer the complaint, and farther to be dealt with according to law. There being no Constable within the Township of which I am Justice, he having been driven from the by and through fear of the Mormons, and your petitioner believing that said writ would not be executed, unless a special Deputy was made for that purpose. Your petitioner then and there appointed Nathaniel H. Blakely a special Deputy, to serve said writ, and said appointment was endorsed on said writ, and signed by myself officially, and then and there delivered to the said Blakely. Your petitioner farther states that the said Blakely took said writ and summoned a Guard consisting of ten men, who went in search of the persons named in said writ for the purpose of executing the said writ, but the said Constable returned that the persons named in said writ, were [p. ] not found in said by reason of himself and Guard having been driven by force from the Town in said in which the offenders were supposed then to be. The said affidavit, writ, and return are herewith respectfully submitted to your Excellency.