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Affidavit from Philander Avery, 20 December 1843

Source Note

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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, Affidavit, before
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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,
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....

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, Hancock Co., IL, 20 Dec. 1843; handwriting of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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; dockets in handwriting of
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...

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and unidentified scribe; notation in handwriting of
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...

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; one page; JS Office Papers, CHL. Includes seal.

Historical Introduction

See Historical Introductions to Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843; and Affidavit from Daniel Avery, 28 Dec. 1843.

Page [1]

Copy
State of Illinois) Ss.
Hancock County)
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....

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)
On the 20th day of December 1843 personally appeared before me
Aaron Johnson

22 June 1806–10 May 1877. Farmer, gunmaker. Born in Haddam, Middlesex Co., Connecticut. Son of Didymus Johnson and Ruhamah Stephens. Joined Methodist church, early 1820s. Married Polly Zeruah Kelsey, 13 Sept. 1827, in New Haven, New Haven Co., Connecticut...

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<​
Willad Richad [Willard Richards]

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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​> a Justice of the peach in and for said
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 ...

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<​Clerk of the Municipal court of Said
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
of said​>
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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, of
Bear Creek

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...

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precinct in said
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 ...

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, and after being duly sworn depose<​th​> and say<​ith​> that on the 19th day of November 1843, at his house, in the precinct aforesaid,
Ebenezer Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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of
Lee Counety

First permanent settlement established, 1820. Organized 1837. Population in 1838 about 2,800; in 1840 about 6,100; in 1844 about 9,800; and in 1846 about 13,000. Following expulsion from Missouri, 1838–1839, many Saints found refuge in eastern Iowa Territory...

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, Territory of Iowa, by false pretences of be persuaded your
affiant

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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to accompany h said
Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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to the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

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; at
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...

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, where your
affiant

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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was seized by one Joseph C. Mc.Coy, of Clark County, Missouri, in connection with the said
Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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, and about four one Dozen of other individuals whose names are unknown to your
Affiand

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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, and by them forced across the <​Said​> <​
Mississippi

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
​>

Insertion in handwriting of Thomas Bullock.


River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
, where they bound your
affiant

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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, <​and Mark Childs swore that your
affiat

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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had stolen, Said Mc.Coys horse & colt, & that his father
Dani[e]l 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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had secretly said horse <​colt​>

Insertion in handwriting of Thomas Bullock.


​>, & Said
Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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threatened your
affiant

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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, and tried <​with death or seven years imprisonment <​in order​>

Insertion in handwriting of Thomas Bullock.


​> to persuade him to make false statements; and testify that his father,
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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, had stolen a certain <​said McCoys​> horse, at and colt,— which statements your
affiant

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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made and swore to the same while in duress,— with a Bowie knife presented, to intimidate.
And your
affiant

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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further saith that the testimony he gave concerning his father’s guilt was extorted from him through fear while in said duress, and the ab said testimony is <​was​>, absolutely false, and your
affiant

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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fully believes that his father is innocent of the crimes of stealing said McCoys— horse, and colt and further your depont [deponent] saith not.
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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.
L S.
1

TEXT: “L. S.” enclosed in a hand-drawn representation of a seal.


Subscribd and sworn to before me, this 20th day of December 1843— In testimny whereof I have her[e]unto set my hand & affixed the seal of said cort at
Nauvo

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
aforesad this, 20th day of December, A D. 1843.
Willad Richads

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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Clerk of the Munial Court of th 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
[p. [1]]
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Document Information

Related Case Documents
Editorial Title
Affidavit from Philander Avery, 20 December 1843
ID #
7683
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Willard Richards
  • Thomas Bullock

Footnotes

  1. new scribe logo

    Insertion in handwriting of Thomas Bullock.

  2. new scribe logo

    Insertion in handwriting of Thomas Bullock.

  3. new scribe logo

    Insertion in handwriting of Thomas Bullock.

  4. [1]

    TEXT: “L. S.” enclosed in a hand-drawn representation of a seal.

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