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Introduction to Extradition of JS for Treason Indictment, circa 5 June 1843 [Extradition of JS for Treason] Docket Entry, Indictment, 6 June 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Account, circa 23–circa 30 June 1843 [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843, Copy [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [Extradition of JS for Treason] Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason] Receipt to James Campbell, 1 July 1843 [Extradition of JS for Treason] Certification, 3 July 1843–A [Extradition of JS for Treason] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]

Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason]

Source Note

Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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, Testimony,
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, 1 July 1843, Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843). Copied [3–6 July 1843]; handwriting of
George Walker

15 Dec. 1806–after 1870. Bookkeeper, clerk, rope maker, laborer. Born in Burslem, Staffordshire, England. Moved to Lancashire, England, before 1832. Married Catherine Burgess, before 1832, in Lancashire. Moved to Salford, Lancashire, before 1840. Baptized...

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and
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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; docket by
George Walker

15 Dec. 1806–after 1870. Bookkeeper, clerk, rope maker, laborer. Born in Burslem, Staffordshire, England. Moved to Lancashire, England, before 1832. Married Catherine Burgess, before 1832, in Lancashire. Moved to Salford, Lancashire, before 1840. Baptized...

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, [6 July 1843,
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]; docket by
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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, ca. [6] July 1843; notation by
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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, ca. [6] July 1843; twenty-eight pages; Nauvoo, IL, Records, CHL.

Historical Introduction

See Introduction to Extradition of JS for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Hyrum Smith, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason]

Page 25

in the same manner, until they came to the Mormons, to them it was “God damn the God damned Mormons”. “we have sent them to hell.” Then they would slap their hands & shout “hosanna, hosanna, glory to God,” & fall down on their backs & kick with their feet a few moments; then they would pretend to have swooned away into a glorious trance in order to imitate some of the transactions at Camp Meetings. Then they would pretend to come out of their trance & would shout & again slap their hands & jump up, while one would take a bottle of whiskey & a tumbler & turn it out full of whiskey & pour it down each others necks, crying “damn it take it you must take it,” and if he any one refused to drink the whiskey others would clinch him & hold him whilst another pour<​ed​> it down his neck, & what did not go down the inside when <​went​> down the outside, this is a part of the farce acted out under by the grand jury of
Davies County

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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, whilst they stood over us as guards for ten nights successively & <​And​> all this in the presence of the great
Judge Birch

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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;— who had previously said in our hearing that “there was no law for the Mormons in the state of
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 ...

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”— His brother was then acting as district attorney in that circuit, and if anything, was a greater cannibal than his brother <​the
judge

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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​>— After all these ten days of drunkenness we were informed that we “were indicted for treason, murder,
arson

In common law, the “malicious and voluntary burning [of] the house of another, by night or day.” American jurisdictions extended the crime to the burning of a variety of buildings, such as warehouses, churches, and schools.

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,
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

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, theft and stealing
.” We asked for a change of venue to <​from​> that
county

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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to Marion County, but they would not grant it; but they gave us a change of venue from
Davies

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

More Info
to
Boon County

Located in north-central part of Missouri. First settled, 1812–1813. Organized from Howard Co., 1820. Columbia established as county seat, 1821. Population in 1830 about 9,000; in 1840 about 13,500; and in 1850 about 15,000. While imprisoned and awaiting ...

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; and a
mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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was made out by the pretended
judge Birch

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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without date, name or place. They fitted us out with a two horse wagon & horses & five four men besides the Sheriff to be our guard, there were five of us— we started from
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

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at night the sun about two hours high P. M. & went as far as
Diahamon

Settlement located in northwest Missouri. 1835 revelation identified valley of Adam-ondi-Ahman as place where Adam blessed his posterity after leaving Garden of Eden. While seeking new areas in Daviess Co. for settlement, JS and others surveyed site on which...

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that evening, and staid ’till morning— There we bought two horses off the guard [p. 25]
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Related Case Documents
Editorial Title
Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason]
ID #
7279
Total Pages
28
Print Volume Location
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  • George Walker

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