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Affidavit from Daniel Avery, 28 December 1843

Source Note

Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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, Affidavit, before JS as mayor,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL, 28 Dec. 1843; handwriting of
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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; signature of
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
; certified by
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

View Full Bio
; nine pages; JS Office Papers, CHL. Includes dockets, redactions, and notations.
Two bifolia and one loose leaf measuring 9¾ × 7¾ inches (25 × 20 cm). The upper left corners of the rectos of the bifolia and leaf are embossed with an elongated octagon containing the words “D & JAMES | SPRINGFIELD”, the insignia of a Springfield, Massachusetts, paper mill firm established by brothers David and John Ames in 1828.
1

Whiting, “Paper-Making in New England,” 309; Gravell et al., American Watermarks, 235.


Comprehensive Works Cited

Whiting, William. “Paper-Making in New England.” In The New England States: Their Constitutional, Judicial, Educational, Commercial, Professional and Industrial History, edited by William T. Davis, vol. 1, pp. 303–333. Boston: D. H. Hurd, 1897.

Gravell, Thomas L., George Miller, and Elizabeth Walsh. American Watermarks: 1690–1835. 2nd ed. New Castle, DE: Oak Knoll Press, 2002.

The bifolia and leaf were numbered 1–3, apparently at the time of inscription. The final page is blank except for the docket and notation made the following day. Upon completion, the affidavit was trifolded for storage. At some point, the leaves were stapled together in the upper left corner of the rectos. In 2018 the document underwent conservation to reattach the leaves of the bifolia.
2

See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.


Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

View Full Bio
, who served as JS’s scribe from 1843 to 1844, docketed the affidavit the day after its inscription.
3

Jessee, “Writing of Joseph Smith’s History,” 456.


Comprehensive Works Cited

Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

A few graphite redactions and markings were apparently made in 1855, when the document was copied into JS’s history.
4

JS History, vol. E-1, 1831–1833; Vogel, History of Joseph Smith, 1:c.


Comprehensive Works Cited

Vogel, Dan, ed. History of Joseph Smith and The Church of Jesus Christ of Latter-day Saints: A Source and Text-Critical Edition. 8 vols. Salt Lake City: Smith-Pettit Foundation, 2015.

Sometime in the late nineteenth or early twentieth century, an unidentified clerk in the Church Historian’s Office docketed the document a second time. Andrew Jenson, who began working in the Church Historian’s Office (now CHL) in 1891 and served as assistant church historian from 1897 to 1941, added his initials below Bullock’s docket.
5

Jenson, Autobiography, 192, 389; Cannon, Journal, 9 Feb. 1891; Jenson, Journal, 9 Feb. 1891 and 19 Oct. 1897; Bitton and Arrington, Mormons and Their Historians, 47–52.


Comprehensive Works Cited

Jenson, Andrew. Autobiography of Andrew Jenson: Assistant Historian of the Church of Jesus Christ of Latter-day Saints. . . . Salt Lake City: Deseret News Press, 1938.

Cannon, George Q. Journals, 1855–1864, 1872–1901. CHL. CR 850 1.

Jenson, Andrew. Journals, 1864–1941. Andrew Jenson, Autobiography and Journals, 1864–1941. CHL.

Bitton, David, and Leonard J. Arrington. Mormons and Their Historians. Salt Lake City: University of Utah Press, 1988.

In 2012 the document was cataloged as part of the JS Office Papers at the CHL.
6

See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.


The document’s early dockets and notation as well as its later inclusion in JS’s history and in the JS Office Papers by 2012 indicate continuous institutional custody.

Footnotes

  1. [1]

    Whiting, “Paper-Making in New England,” 309; Gravell et al., American Watermarks, 235.

    Whiting, William. “Paper-Making in New England.” In The New England States: Their Constitutional, Judicial, Educational, Commercial, Professional and Industrial History, edited by William T. Davis, vol. 1, pp. 303–333. Boston: D. H. Hurd, 1897.

    Gravell, Thomas L., George Miller, and Elizabeth Walsh. American Watermarks: 1690–1835. 2nd ed. New Castle, DE: Oak Knoll Press, 2002.

  2. [2]

    See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.

  3. [3]

    Jessee, “Writing of Joseph Smith’s History,” 456.

    Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

  4. [4]

    JS History, vol. E-1, 1831–1833; Vogel, History of Joseph Smith, 1:c.

    Vogel, Dan, ed. History of Joseph Smith and The Church of Jesus Christ of Latter-day Saints: A Source and Text-Critical Edition. 8 vols. Salt Lake City: Smith-Pettit Foundation, 2015.

  5. [5]

    Jenson, Autobiography, 192, 389; Cannon, Journal, 9 Feb. 1891; Jenson, Journal, 9 Feb. 1891 and 19 Oct. 1897; Bitton and Arrington, Mormons and Their Historians, 47–52.

    Jenson, Andrew. Autobiography of Andrew Jenson: Assistant Historian of the Church of Jesus Christ of Latter-day Saints. . . . Salt Lake City: Deseret News Press, 1938.

    Cannon, George Q. Journals, 1855–1864, 1872–1901. CHL. CR 850 1.

    Jenson, Andrew. Journals, 1864–1941. Andrew Jenson, Autobiography and Journals, 1864–1941. CHL.

    Bitton, David, and Leonard J. Arrington. Mormons and Their Historians. Salt Lake City: University of Utah Press, 1988.

  6. [6]

    See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.

Historical Introduction

On 28 December 1843, in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Illinois,
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
swore an affidavit before JS as mayor recounting his kidnapping and imprisonment by a group of Illinoisans and Missourians and the legal proceedings he underwent in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
. Avery had been kidnapped by a mob on 2 December and carried to Missouri to face a manufactured charge of horse theft. After spending about three weeks in prison in Missouri awaiting trial, Avery obtained a writ of
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
from the Clark County, Missouri, court and was discharged after a hearing on 25 December. He arrived in Nauvoo at “about dusk” the next day.
1

JS, Journal, 26 Dec. 1843.


Coming just one day after
Orrin Porter Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

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returned from his long imprisonment in
Jackson County

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

More Info
, Missouri, Avery’s arrival in Nauvoo was heralded by JS and others in the city. In his journal, JS recorded that he “rejoiced exceedingly this day” because Rockwell and Avery were released and “Mo [Missouri] was again rid of the Brethn.”
2

JS, Journal, 25 and 26 Dec. 1843.


Two days after his arrival in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
,
Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
went before JS as mayor and gave his statement for an affidavit.
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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, clerk of the mayor’s court, wrote the affidavit as Avery presumably dictated it, and both Avery and Phelps signed the completed document. The next day,
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

View Full Bio
corrected the affidavit’s spelling and grammar. Bullock also made a copy of the affidavit and added a notation on the back of the document: “Copied for Governor.” This copy was presumably sent to
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
governor
Thomas Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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as one of the “affidavits relative to the late Kidnapping” of Avery and his son,
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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, included in a bundle of documents that Phelps sent to Ford on 30 December 1843.
3

William W. Phelps, Nauvoo, IL, to Thomas Ford, Springfield, IL, 30 Dec. 1843, JS Office Papers, CHL.


The original affidavit was retained in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, while the copy sent to
Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

View Full Bio
is apparently not extant. The original affidavit, as corrected by
Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

View Full Bio
, is featured here.

Footnotes

  1. [1]

    JS, Journal, 26 Dec. 1843.

  2. [2]

    JS, Journal, 25 and 26 Dec. 1843.

  3. [3]

    William W. Phelps, Nauvoo, IL, to Thomas Ford, Springfield, IL, 30 Dec. 1843, JS Office Papers, CHL.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Affidavit from Daniel Avery, 28 December 1843
History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page 1

State of Illinois) ss
1

An abbreviation for the Latin scilicet, meaning “namely” or “to wit.” (“Scilicet,” in Bouvier, Law Dictionary, 2:379.)


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
)
On the 28th day of Decr— 1843, came
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
before me Joseph Smith Mayor of the
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
aforesaid, and after being duly sworn, deposeth and saith that on the 2d day of December 1843, he was unlawfully arrested by force and arms, and Kidnapped
2

TEXT: Possibly “and [illegible]”.


And Kidnapped
3

TEXT: Possibly “And Kidnapped”.


at [Vernon] Doty’s Mill in
bear Creek precinct

Named after stream that rises near Carthage, Illinois, and flows southwest into Mississippi River. JS arrested in area, 5 June 1841, by Adams Co., Illinois, sheriff Thomas King, acting on warrant from Illinois governor Thomas Carlin, who planned to deliver...

More Info
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
and
state

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
aforesaid by Col.
Levi Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
,
4

Williams was a prominent member and leader in the Hancock County Anti-Mormon Party. (“Great Meeting of Anti-Mormons!,” Warsaw [IL] Message, 13 Sept. 1843, [2].)


Comprehensive Works Cited

Warsaw Message. Warsaw, IL. 1843–1844.

his Son John Williams, <​of
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
​>
John Elliot[t]

Ca. 1820–3 Oct. 1862. Schoolmaster, deputy sheriff, constable, clerk, marshal. Born in Butler Co., Ohio. Lived four miles south of Warsaw, Hancock Co., Illinois, 1843, where he worked as a schoolmaster. Arrested for and later acquitted of kidnapping Daniel...

View Full Bio
,
5

For more on Elliott’s role in the kidnapping, see Historical Introduction to Complaint, 18 Dec. 1843.


a school master from 4½ miles below
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

More Info
, William Middleton and Joseph McCoy
6

McCoy was a prominent citizen and former county official from Clark County, Missouri, and the owner of the horse that Avery allegedly stole. (History of Lewis, Clark, Knox and Scotland Counties, Missouri, 270, 272, 290, 309; “Part 5: December 1843.”)


Comprehensive Works Cited

History of Lewis, Clark, Knox and Scotland Counties, Missouri, from the Earliest Time to the Present, Together with Sundry Personal, Business, and Professional Sketches. . . . St. Louis: Goodspeed Publishing, 1887.

of Clark County Missouri and four others.
Col Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
held his bowie knife to his breast. Six of the other stood with their pistols cocked and th[e]ir fingers upon the triggers, muzzels presented at his body, ready to fire, and two stood with clubs, and, amid the most horrid oaths and imprecations, took and bound me with silk handerchiefs, your said
affiant

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
and led him away between two men, one holding a savage bowie knife on one side and the other a cocked pistol on the other side, (having taking taken away your said
affiant

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
s weapons [p. 1]
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Source Note

Document Transcript

Page 1

Document Information

Related Case Documents
Editorial Title
Affidavit from Daniel Avery, 28 December 1843
ID #
7690
Total Pages
10
Print Volume Location
JSP, D13:428–436
Handwriting on This Page
  • William W. Phelps

Footnotes

  1. [1]

    An abbreviation for the Latin scilicet, meaning “namely” or “to wit.” (“Scilicet,” in Bouvier, Law Dictionary, 2:379.)

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

  2. [2]

    TEXT: Possibly “and [illegible]”.

  3. [3]

    TEXT: Possibly “And Kidnapped”.

  4. [4]

    Williams was a prominent member and leader in the Hancock County Anti-Mormon Party. (“Great Meeting of Anti-Mormons!,” Warsaw [IL] Message, 13 Sept. 1843, [2].)

    Warsaw Message. Warsaw, IL. 1843–1844.

  5. [5]

    For more on Elliott’s role in the kidnapping, see Historical Introduction to Complaint, 18 Dec. 1843.

  6. [6]

    McCoy was a prominent citizen and former county official from Clark County, Missouri, and the owner of the horse that Avery allegedly stole. (History of Lewis, Clark, Knox and Scotland Counties, Missouri, 270, 272, 290, 309; “Part 5: December 1843.”)

    History of Lewis, Clark, Knox and Scotland Counties, Missouri, from the Earliest Time to the Present, Together with Sundry Personal, Business, and Professional Sketches. . . . St. Louis: Goodspeed Publishing, 1887.

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