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Introduction to State of Missouri v. Gates et al. for Arson Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Costs, 15 April 1840 [State of Missouri v. Gates et al. for Arson] Docket Entry, Costs, 17 December 1840 [State of Missouri v. Gates et al. for Arson] Indictment, circa 10 April 1839, Copy [State of Missouri v. Gates et al. for Arson] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. Gates et al. for Arson] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. Gates et al. for Arson] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Continuance, 4 November 1839 [State of Missouri v. Gates et al. for Arson] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Gates et al. for Arson]

Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Arson]

Source Note

Indictment, [Honey Creek Township], Daviess Co., MO, ca. [10] Apr. 1839, State of MO v. Gates et al. for Arson (Daviess Co., MO, Circuit Court 1839); handwriting of
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

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; docket and notation by
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

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with signature presumably of Robert P. Peniston Sr., [Honey Creek Township, Daviess Co., MO], [ca. 10 April 1839]; four pages; private possession. Photocopy in Max H Parkin, Collected Missouri Court Documents, CHL.

Historical Introduction

See Introduction to State of Missouri v. Gates et al. for Arson.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Indictment, circa 10 April 1839 [ State of Missouri v. Gates et al. for Arson ]
Indictment, circa 10 April 1839, Copy [ State of Missouri v. Gates et al. for Arson ]

Page [1]

State of Missouri)
County of
Daviess

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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)
In the
Daviess

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
Circuit Court April Term eighteen hundred and thirty nine
Daviess 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...

More Info
Court,
The Grand Jurors for 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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for the body of 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 ...

More Info
County of
Daviess

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
aforesaid upon their oath present that
Jacob Gates

9 Mar. 1811–14 Apr. 1892. Farmer, carpenter, politician. Born in St. Johnsbury, Caledonia Co., Vermont. Son of Thomas Gates and Patty Plumly. Married Mary Minerva Snow, 16 Mar. 1833, in St. Johnsbury. Baptized into Church of Jesus Christ of Latter-day Saints...

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,
Hiram [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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Thos Rich

29 Nov. 1817–26 Jan. 1884. Farmer. Born in New Albany, Floyd Co., Indiana. Son of Landon Rich and Elizabeth Rickets. Family owned land in Missouri, by 1838. Charged along with JS and others with treason and other crimes, 29 Nov. 1838. Married Henrietta Peck...

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, Joseph Smith Jr,
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

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,
E. Robertson [Ebenezer Robinson]

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

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,
William Whiteman [Wightman]

12 Dec. 1807–Sept. 1842. Married Dolly Eaton, 31 Oct. 1832. Baptized into Church of Jesus Christ of Latter-day Saints, by 1836. Ordained an elder, 27 Feb. 1836, in Geauga Co., Ohio. Laid out town of Ramus (later Webster), Hancock Co., Illinois, 1840. Served...

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,
Lemuel [Samuel] Bent

19 July 1778–16 Aug. 1846. Born in Barre, Worcester Co., Massachusetts. Son of Joel Bent and Mary Mason. Married first Mary Kilburn, 3 Mar. 1805, in Wendell, Franklin Co., Massachusetts. Colonel in Massachusetts militia. Lived in Braintree, Norfolk Co., Massachusetts...

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,
Joseph [W.] Younger

10 Dec. 1803–after July 1874. Physician. Born in Chatham Co., North Carolina. Son of Thomas Younger and Mary (Polly) Nall. Married first Susanna McCarley, 28 Sept. 1824, in Maury Co., Tennessee. Moved to Bond Co., Illinois, by 1830. Baptized into Church of...

View Full Bio
David Petigrew [Pettegrew]

29 July 1791–31 Dec. 1863. Farmer. Born in Weathersfield, Windsor Co., Vermont. Son of William Pettegrew and Phoebe. Married Elizabeth Alden. Moved to Cincinnati. Master Mason of Harmony Masonic Lodge, Oct. 1820, in Cincinnati. Moved to Kelso, Dearborn Co...

View Full Bio
,
Edward Partri[d]ge

27 Aug. 1793–27 May 1840. Hatter. Born at Pittsfield, Berkshire Co., Massachusetts. Son of William Partridge and Jemima Bidwell. Moved to Painesville, Geauga Co., Ohio. Married Lydia Clisbee, 22 Aug. 1819, at Painesville. Initially a Universal Restorationist...

View Full Bio
,
George W Robertson [Robinson]

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

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, Washington Voorhiess,
Jessee [Jesse] D Hunter

5 July 1806–27/29 Aug. 1877. Farmer, carpenter, Indian agent. Born in Hopkinsville, Christian Co., Kentucky. Son of Samuel Hunter and Lydia Devinney. Married Keziah Brown, Dec. 1827, in St. Louis. Baptized into Church of Jesus Christ of Latter-day Saints,...

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James H Rollins

27 May 1816–7 Feb. 1899. Merchant, stonecutter, teacher, farmer, attorney, postmaster. Born at Lima, Livingston Co., New York. Son of John Porter Rollins and Keziah Ketura Van Benthuysen. Baptized into Church of Jesus Christ of Latter-day Saints, 1 June 1832...

View Full Bio
,
Sidney Tanner

1 Apr. 1809–5 Dec. 1895. Farmer, freighter. Born in Greenwich, Washington Co., New York. Son of John Tanner and Lydia Stewart. Moved to Northwest Bay (near Bolton), Warren Co., New York, 1818. Married first Louisa Conlee, 1 Mar. 1830, in Greenwich. Baptized...

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David Carns [Daniel Carn]

13 Dec. 1802–20 Apr. 1872. Farmer, carpenter, policeman, prison administrator. Born in St. Clair, Bedford Co., Pennsylvania. Son of John Carn (Garn) and Susanna Pringle. Married Margaret Moses, 2 Dec. 1824, in St. Clair. Baptized into Church of Jesus Christ...

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Alanson Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

View Full Bio
— James Worthington,
George W Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

View Full Bio
Alexander McRary [McRae]

7 Sept. 1807–20 June 1891. Tailor, sheriff, prison warden. Born in Anson Co., North Carolina. Son of John B. McRae and Mary. Moved to South Carolina; to Iredell Co., North Carolina; and back to South Carolina. Enlisted in U.S. Army, Mar. 1829, and served ...

View Full Bio
,
Zenor Brunston [Seymour Brunson]

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

View Full Bio
,
Thomas D [B.] Marsh

1 Nov. 1800–Jan. 1866. Farmer, hotel worker, waiter, horse groom, grocer, type foundry worker, teacher. Born at Acton, Middlesex Co., Massachusetts. Son of James Marsh and Molly Law. Married first Elizabeth Godkin, 1 Nov. 1820, at New York City. Moved to ...

View Full Bio
,
Jas Durphy [Durfee]

9 Sept. 1794–16/17 July 1844. Likely born in Tiverton, Newport Co., Rhode Island. Son of Perry Durfee and Annie Salisbury (Sulsbury). Moved with grandparents James and Ann Borden Durfee to Broadalbin, Montgomery Co., New York, 1801. Married Cynthia. Moved...

View Full Bio
—
Parl[e]y P <​Pratt​>

12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....

View Full Bio
George [M.] Hinkle

13 Nov. 1801–Nov. 1861. Merchant, physician, publisher, minister, farmer. Born in Jefferson Co., Kentucky. Son of Michael Hinkle and Nancy Higgins. Married first Sarah Ann Starkey. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to ...

View Full Bio
,
Parly Pratte

12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....

View Full Bio
,
Reynolds Calhoon [Cahoon]

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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,
Jessee [Jesse ] D Hunter

5 July 1806–27/29 Aug. 1877. Farmer, carpenter, Indian agent. Born in Hopkinsville, Christian Co., Kentucky. Son of Samuel Hunter and Lydia Devinney. Married Keziah Brown, Dec. 1827, in St. Louis. Baptized into Church of Jesus Christ of Latter-day Saints,...

View Full Bio
late of said County of
Daviess

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
, on the first day of November in the year of our Lord eighteen hundred and thirty eight about the hour of ten oclock in the night time of the same day with force and arms at the County of
Daviess

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
aforesaid feloniously unlawfully and maliciously, did set fire to and burn a Certain dwelling house of one
William P Peniston

Ca. 1811–10 Nov. 1850. Sheriff, military colonel, clerk, hotelier. Born at Jessamine Co., Kentucky. Son of Robert Peniston and Nancy Nuttle. Moved to Ray Co., Missouri, ca. 1831. A founder of Millport, in what became Daviess Co., Missouri, where family built...

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there situate, with intent then and there to defraud, and injure the said
William P Peniston

Ca. 1811–10 Nov. 1850. Sheriff, military colonel, clerk, hotelier. Born at Jessamine Co., Kentucky. Son of Robert Peniston and Nancy Nuttle. Moved to Ray Co., Missouri, ca. 1831. A founder of Millport, in what became Daviess Co., Missouri, where family built...

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,— And the Jurors aforesaid against the form of the s[ta]tute in such Case made and provided and against the the peace and dignity of the
State

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
J[ames] A Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

View Full Bio
Circuit Attorney
And the Jurors aforesaid upon their oath aforesaid, do further present that the said
Jacob Gates

9 Mar. 1811–14 Apr. 1892. Farmer, carpenter, politician. Born in St. Johnsbury, Caledonia Co., Vermont. Son of Thomas Gates and Patty Plumly. Married Mary Minerva Snow, 16 Mar. 1833, in St. Johnsbury. Baptized into Church of Jesus Christ of Latter-day Saints...

View Full Bio
,
Hiram 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...

View Full Bio
,
Thos Rich

29 Nov. 1817–26 Jan. 1884. Farmer. Born in New Albany, Floyd Co., Indiana. Son of Landon Rich and Elizabeth Rickets. Family owned land in Missouri, by 1838. Charged along with JS and others with treason and other crimes, 29 Nov. 1838. Married Henrietta Peck...

View Full Bio
, Joseph Smith Jr—
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

View Full Bio
—
William Whiteman

12 Dec. 1807–Sept. 1842. Married Dolly Eaton, 31 Oct. 1832. Baptized into Church of Jesus Christ of Latter-day Saints, by 1836. Ordained an elder, 27 Feb. 1836, in Geauga Co., Ohio. Laid out town of Ramus (later Webster), Hancock Co., Illinois, 1840. Served...

View Full Bio
,
Lemuel Bent

19 July 1778–16 Aug. 1846. Born in Barre, Worcester Co., Massachusetts. Son of Joel Bent and Mary Mason. Married first Mary Kilburn, 3 Mar. 1805, in Wendell, Franklin Co., Massachusetts. Colonel in Massachusetts militia. Lived in Braintree, Norfolk Co., Massachusetts...

View Full Bio
,
Joseph Younger

10 Dec. 1803–after July 1874. Physician. Born in Chatham Co., North Carolina. Son of Thomas Younger and Mary (Polly) Nall. Married first Susanna McCarley, 28 Sept. 1824, in Maury Co., Tennessee. Moved to Bond Co., Illinois, by 1830. Baptized into Church of...

View Full Bio
David Petigrew

29 July 1791–31 Dec. 1863. Farmer. Born in Weathersfield, Windsor Co., Vermont. Son of William Pettegrew and Phoebe. Married Elizabeth Alden. Moved to Cincinnati. Master Mason of Harmony Masonic Lodge, Oct. 1820, in Cincinnati. Moved to Kelso, Dearborn Co...

View Full Bio
,
Edward Partridge

27 Aug. 1793–27 May 1840. Hatter. Born at Pittsfield, Berkshire Co., Massachusetts. Son of William Partridge and Jemima Bidwell. Moved to Painesville, Geauga Co., Ohio. Married Lydia Clisbee, 22 Aug. 1819, at Painesville. Initially a Universal Restorationist...

View Full Bio
,
George W Robertson

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

View Full Bio
, Washington Voorhies,
Jesse D Hunter

5 July 1806–27/29 Aug. 1877. Farmer, carpenter, Indian agent. Born in Hopkinsville, Christian Co., Kentucky. Son of Samuel Hunter and Lydia Devinney. Married Keziah Brown, Dec. 1827, in St. Louis. Baptized into Church of Jesus Christ of Latter-day Saints,...

View Full Bio
,
James H Rawlins

27 May 1816–7 Feb. 1899. Merchant, stonecutter, teacher, farmer, attorney, postmaster. Born at Lima, Livingston Co., New York. Son of John Porter Rollins and Keziah Ketura Van Benthuysen. Baptized into Church of Jesus Christ of Latter-day Saints, 1 June 1832...

View Full Bio
Sidney Tanner

1 Apr. 1809–5 Dec. 1895. Farmer, freighter. Born in Greenwich, Washington Co., New York. Son of John Tanner and Lydia Stewart. Moved to Northwest Bay (near Bolton), Warren Co., New York, 1818. Married first Louisa Conlee, 1 Mar. 1830, in Greenwich. Baptized...

View Full Bio
,
David Carns

13 Dec. 1802–20 Apr. 1872. Farmer, carpenter, policeman, prison administrator. Born in St. Clair, Bedford Co., Pennsylvania. Son of John Carn (Garn) and Susanna Pringle. Married Margaret Moses, 2 Dec. 1824, in St. Clair. Baptized into Church of Jesus Christ...

View Full Bio
,
Alanson, Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

View Full Bio
James Worth[ington]
Geor[ge W] Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

View Full Bio
Alex McRay

7 Sept. 1807–20 June 1891. Tailor, sheriff, prison warden. Born in Anson Co., North Carolina. Son of John B. McRae and Mary. Moved to South Carolina; to Iredell Co., North Carolina; and back to South Carolina. Enlisted in U.S. Army, Mar. 1829, and served ...

View Full Bio
,
Zenor Brunston

1 Dec. 1798–10 Aug. 1840. Farmer. Born at Plattsburg, Clinton Co., New York. Son of Reuben Brunson and Sally Clark. Served in War of 1812. Married Harriet Gould of Hector, Tompkins Co., New York, ca. 1823. Baptized into Church of Jesus Christ of Latter-day...

View Full Bio
,
Thomas D Marsh

1 Nov. 1800–Jan. 1866. Farmer, hotel worker, waiter, horse groom, grocer, type foundry worker, teacher. Born at Acton, Middlesex Co., Massachusetts. Son of James Marsh and Molly Law. Married first Elizabeth Godkin, 1 Nov. 1820, at New York City. Moved to ...

View Full Bio
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Related Case Documents
Editorial Title
Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Arson]
ID #
6450
Total Pages
4
Print Volume Location
Handwriting on This Page
  • James A. Clark

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