Transcript of Proceedings, Treason, 6 July 1839 [Extradition of JS et al. for Treason and Other Crimes]

  • Source Note
  • Historical Introduction

Document Transcript

Circuit Court
April Term 1839.
State of Missouri) SS
County of )
Be it Remembered that at a Circuit Court began and held at the House of Elisha B. Creekmore the Temporary Place of holding courts within and for the County of aforesaid on the Second Monday on April in the year of our Lord Eighteen hundred and thirty nine Present the Honorable Judge of the Eleventh Judicial Circuit in the State of . Clerk and William Morgan Sheriff
The Sheriff returned into Court the following Panel as a Grand Jury to wit. Robert P Peniston [Sr.] foreman, Nicholas Trosper, Benedict Weldon, John Stokes, Elijah Frost, Andrew McKay, Christopher Stone, John Edwards, Moses Netherton, senr, , Nathaniel Blakely, Jonathan Oxford, Richard Grant, Robert P. Peniston Jr, John Pinkerton, John Brown, William Cox, John Dowdy, John Anderson and , all good and lawful men [2 words illegible] householders of who after being duly sworn received a charge, and retired to consider of their Presentments
The Grand Ju Jury returned into Court and presented the following Indictments to— wit— [p. [1]]
The State of )
vs) Indictment for Treason
Joseph Smith Jr,) a true Bill
, , and others.
State of Missouri)
County of )
In Daviess 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 Jacob Gates, , , Joseph Smith Jr. , , , , Joseph W Younger , Washington Voorhiess [Voorhees], Jesse D. Hunter, , Sidney Tanner [Turner], David Carns, , James Worthington, , , , , , Perry Durphy [Durfee] , , , , , , Daniel Carns [Carn], , Ebenezer Page, Finley Page, , , , Benjamin Durphy, and James Whitaker 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 [p. [2]]
cordial love and true and due obedience which every true and faithful citizen of our said should and of right 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 [e]xcite Insurection Rebellion 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 divers other false Traitors whose names are to the said Jurors unknown, conspire, compass, immagine and intend to stir up 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 within this , and to fulfil perfect and Bring to Effect their most Evil and Wicked Treason and Treasonable Compassings and imaginations 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 Eighteen hundred and thirty eight and on divers other days and times as well before as after at the County of of aforesaid Maliciously and traitorously did Meet conspire consult and agree [p. [3]]
among themselves and together with divers other false Traitors whose names are unknown to the said Jurors 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 that the Persons to be Assembled at such Meeting should and might wickedly and Traitorously without authority and in Defiance 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 imaginations aforesaid, and in order the <​to​> 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 aforesaid unknown, 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 [t]hirty eight and on Divers other days and days and times as well before as after at the County of aforesaid, maliciously and Traitorously did compose and Write and did then and there maliciously and traitorously cause to be composed [p. [4]]
and written Divers Pamphlets and letters, Instructions Resolutions, orders declarations, Addresses and writings, and did then and there Maliciously and Traitorously Publish and did then and there cause to be Published Maliciously and Traitorously cause to be Published divers other Pamphlets letters Instructions Resolutions orders declarations Addresses and Writings the said Pamphlets letters Instructions Resolutions orders declarations addresses and writings so respectively composed written Published and caused to be composed 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 imaginations 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 same Purposes the said Defendants as such false Traitors as aforesaid on the [blank] day of [blank] in the year of our 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 did Meet consult and deliberate among themselves and together with Divers other false Traitors whose names are to the Jurors aforesaid unknown of and concern [p. [5]]
ing the calling and assembling such convention and Meeting <​as​> aforesaid for the Traitorous purposes aforesaid and how when and where such convention and Meeting sho[u]ld be Assembled and held; And by what means the Citizens of our said should and might be induced and moved to convene and Meet in said convention and Meeting—
And further to filfil fulfil Perfect and bringto effect their most Evil and wicked Treason and Treasonable compassings and imaginations 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 same Purposes the said Defendants as such false Traitors as aforesaid together with Divers other false Traitors whose names are to the Jurors aforesaid unknown 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 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 whose names are to the said Jurors unknown, for and towards the calling and Assembling such convention and meeting as aforesaid for the Traitorous purposes aforesaid— and further to fulfil Perfect and bring to effect their most evil and wicked purpose Treason and Treasonable Practices, compassings and imaginations aforesaid, the said Defendants as such Traitors as aforesaid togeth [p. [6]]
er with d[i]vers other false Traitors whose names are to the said Jurors unknown on the said [blank] day of [blank] in the year of our Lord eighteen hundred and thirty eight with force and Arms at the County of aforesaid maliciously and Traitorously did cause and procure to be made and Provided, and did then and there Maliciously and Trait[or]ously consent ang [and] agree to the making and Providing of Divers Arms and offensive weapons (to wit) Guns Muskets Pikes and Axes for the Purpose 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 excercize of their Power and Authority, in the due execution 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 defiance 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 and wicked Treason and Treasonable compassings and imaginations aforesaid, the said Defendants, as such false Traitors as aforesaid with force and Arms on the said first day of November in the year of our Lord Eighteen hundred and thirty eight and on dvers divers other [p. [7]]
days and times as well before as after at the County of aforesaid, Maliciously did meet conspire, consult and agree, among themselves and with divirs other false Traitors whose names are to the Jurors aforesaid unknown to raise levy and make insurrection Rebellion and war within this State of — And further to fulfil perfect and [br]ing to effect their most evil and wicked Treason and Treasonable compassings and imaginations 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 among them-selves 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 Goverment 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 imaginations 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 to the said Jurors unknown on the said [blank] day of [blank] in the of our Lord eighteen [p. [8]]
hundred and thirty 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 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 containing therein amongst other things Instructions and directions to the Citizens of our said , how, whe[n] and, 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 imaginations aforesaid the said Defendants as such false traitors as aforesaid, together with divers other false Traitors whose names are to the [p. [9]]
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 consent and agree to the Procuring and Providing Arms and offensive weapons to wit Guns Muskets Pikes and axes therewith to levy War Insurrection and Rebellion against our said State of within this State of against the duty of the Allegiance of the said Defendants; and further to fulfil Perfect and bring to effect their most Wicked Treason and Treasonable Compassings and Imaginations 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 County of aforesaid with force and Arms maliciously and Traitorously did meet and collect together Armed with Guns, Muskets Pikes and Axes, 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 [p. [10]]
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 Alligiance of the said Defendants and against the form of the Statute in such case made and Provided and against The Peace and dignity of the
Circuit Attorney
on which is the following Indorsement to wit—
)
vs) Treason
Joseph Smith, , , and others—
a true Bill
Robert P Peniston foreman of the Grand Jury
Witnesses , Waterman Phelps, , , , Francis Mc.Guire, Laban Morin, Henry Mchenry, John Edwards, , Robert Mc.Gaugh, , Jackson Job, Ira Glaze— [p. [11]]
Daviess Circuit Court
April Term 1839—
The State of )
vs) Indictment for Treason
Joseph Smith Jr. , , and
Motion to Admit to Bail overruled by the Court—
The State of )
vs) Indictment for Treason
Joseph Smith Jr. , , , and others—
The of this Court having been counsel in this cause: and the Parties herein not consenting to a trial thereof in this Court, but the said Defendants Joseph Smith Jr, , and objecting thereto for the reason that the of this Court has been of Counsel in this cause: It is ordered by the Court here that said Cause as to the said Joseph Smith Jr. , and be removed to the Circuit Court of the County of in the Second Judicial Circuit in this : It is further ordered by the Court [p. [12]]
here that the Sheriff of the County of do and he is commanded to remove the Bodies of the said Joseph Smith Jr, , , and to the Jail of the County of aforesaid, and there deliver them to the keeper of said Jail together with the warrant or Process by which they are imprisoned and held—
P. S. The Sheriff has not yet made a return of the order of removal and of the Escape of the Prisoners—
State of Missouri) SS
County of )
I Clerk of the Circuit Court within and for the County of aforesaid do certify, that the foregoing is a true, perfect and full Transcript from the Record of the Proceedings in the cause therein named had in our Daviess Circuit Court at the time and Place therein Specified—
[seal]
In testimony whereof I have hereunto set my hand and affixed my private seal there being no official seal yet provided, at off[ice] in the 6t.h day of July A D 1839—
Clerk [p. [13]]
Circuit Court
State of )
vs) Indt.. for Treason
Joseph Smith Jr. et al
[p. [14]]

Footnotes

  1. 1

    TEXT: Text obscured by seal affixed to verso.  

  2. 2

    TEXT: Seal affixed with adhesive wafer.  

  3. new scribe logo

    Docket in unidentified handwriting.