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

Introduction to State of Missouri v. Baldwin et al. for Arson

Page

State of Missouri v. Baldwin, Morrison, Higbee, Marsh, Wight, Brunson, JS, Hunter, and Pratt for Arson
Fifth Judicial Circuit of Missouri, 29 November 1838
Daviess Co., Missouri, Circuit Court, 11 April 1839
Boone Co., Missouri, Circuit Court, 5 August 1840
 
Historical Introduction
Around 10 April 1839, a grand jury in , Missouri, indicted JS and eight other Latter-day Saint men for allegedly burning ’s store on 18 October 1838 in , the seat of Daviess County. During summer 1838, violence broke out between church members and their antagonists in northwestern . In early October, Latter-day Saints were expelled from in Carroll County, Missouri, making it clear that civil authorities would not protect church members from extralegal violence. Having forced the Saints from De Witt, the church’s opponents turned their attention to and other settlements in Daviess County. In response, church leaders in , Caldwell County, decided to engage in aggressive self-defense. In ’s words, the Saints planned “to scatter the mob” and “to destroy those places that harbored them” in Daviess County, particularly Gallatin, which was a suspected vigilante haven.
On 18 October 1838, apostle led about eighty Latter-day Saint men to to expel vigilantes opposed to the church, burn buildings owned by vigilantes and their sympathizers, and confiscate essential goods as wartime appropriations. Morris Phelps, a participant in the expedition, stated that the town’s residents scattered when they recognized the approaching Saints. Church members targeted ’s grocery store, believed to be a “place of rendezvous” for the church’s opponents. The store clerk, Patrick Lynch, later testified that he escaped the building just as the Latter-day Saints approached. From a secluded position, he watched the men secure the building and move goods into the street. The store was then set on fire, apparently by church members. Oliver Huntington, a Latter-day Saint living at at the time, later recalled that from a distance, he observed smoke “rising towards Heaven.” When the men returned to Adam-ondi-Ahman, Huntington saw that goods confiscated from the store were deposited in Bishop ’s home.
governor , responding to exaggerated reports of this raid and other skirmishes, branded all Latter-day Saints “enemies” and ordered that they be “exterminated or driven from the state.” The “ring leaders of this rebellion,” including JS, were to be arrested and tried for crimes allegedly committed during the conflict. In late October and early November 1838, more than three thousand state militia troops occupied Latter-day Saint settlements in and counties. Church members were given until spring to leave the state, while JS and more than fifty other Latter-day Saint men were taken into custody under the authority of Major General , who had the prisoners moved to his headquarters in . On 10 November, Clark explained to Boggs that he had “made out charges against the prisoners” based on information garnered primarily from Latter-day Saint dissidents. He identified “treason, murder, arson, burglary, robbery and larceny and perjury” as their offenses, all committed “under the counsel of Joseph Smith jr, the prophet.”
arranged with Judge of ’s fifth judicial circuit to preside at a criminal court of inquiry to determine whether there was probable cause to send the cases against the Latter-day Saints to a grand jury. Circuit attorney served as the prosecutor, while , , and represented the fifty-three defendants in custody. During the proceedings, eleven more Latter-day Saint men were charged, bringing the total to sixty-four defendants.
The church members’ October 1838 expedition to , including the burning of ’s store, was a significant topic at the hearing. law stated that “every person who shall wilfully set fire to, or burn . . . any shop, ware-house, or other building” would “be adjudged guilty of arson.” Disaffected Latter-day Saint claimed in his testimony that he heard JS and other church leaders making plans in “to take the goods out of the Store at Gallatin, bring them to Diahmon & burn the store.” Although several individuals said they saw the building burning, none could definitively state that a Latter-day Saint had lit the fire. Morris Phelps later claimed that , a Latter-day Saint who participated in the expedition to Gallatin, had “in his rage hurled a pine brand into it [the store] which melted it to ashes.” However, Phelps then backtracked: “Others have said that the mob burnt it in order to have a pretext or cause of action against the Mormons. But the particulars of these things remain yet to be determined.” As for JS, no witnesses placed him in Gallatin during the expedition on 18 October. Several instead affirmed that he remained in Adam-ondi-Ahman to direct the Latter-day Saints’ several military operations in .
At the conclusion of the hearing on 29 November, held there was “probable cause to believe” that twenty-four Latter-day Saints had committed “Arson, Burglary, Robbery and Larceny” in . They were admitted to bail on the condition that they appear before the grand jury at the April 1839 session of the Daviess County Circuit Court. Though JS would be named later as part of the grand jury’s indictment, he was not included among the twenty-four defendants named by King. The judge may have left JS’s name off the list knowing that he would already be incarcerated because King himself had earlier found probable cause to believe that JS, , and —all of whom would later be named in the arson indictment—had committed treason against the state of . As treason was a nonbailable offense, the men were confined in the jail in , Missouri, to await the spring term of the court.
On 6 April 1839, the prisoners were removed from the jail and transported to , where the April 1839 session of the Daviess County Circuit Court was held at the home of Elisha B. Creekmore, just southeast of . Judge of the recently formed eleventh judicial circuit presided, and acted as the prosecuting attorney. and represented the defendants. Sheriff William Morgan impaneled twenty county residents as a grand jury to review, with the assistance of Clark, evidence for the arson charge as well as other charges against JS and dozens of other Latter-day Saint men for crimes allegedly committed during the 1838 conflict.
presented an indictment to the grand jury laying out the prosecution’s case that , , , , , , , JS, and “feloniously unlawfully, and maliciously did set fire to and burn a Certain Store house of one .” Rather than dating the burning to 18 October—the date established in historical accounts—the indictment claimed that the crime occurred on 10 November, a problematic date given that each of the named defendants was in state custody by that time. In addition, Clark inserted into the indictment that the arson occurred “in the night time,” whereas historical accounts indicated that the burning occurred during the day. law carried harsher penalties for arson committed at night. Clark wrote on the wrapper of the indictment the name of as a witness. Around 10 April, when the grand jury hearing concluded, foreman Robert P. Peniston Sr. wrote “” on the document, indicating that at least twelve of the grand jurors approved the indictment.
The grand jury submitted the arson indictment to the circuit court on 11 April 1839. Of the nine named defendants, only three—JS, , and —were present in the circuit court on 11 April, because the remaining defendants had already departed in forced compliance with ’s expulsion order. Citing his previous service as the prosecuting attorney in the case, issued an order that changed the venue of the arson case for JS and his fellow prisoners to in the second judicial circuit. The prisoners left on 12 April 1839, along with Sheriff William Morgan and four guards, but escaped en route to Boone County on 16 April with the guards’ complicity.
Notwithstanding the escape, in the ensuing months Circuit Court clerk made certified copies of the indictment and the other records in his docket for the arson case and forwarded them to the Circuit Court. However, perhaps due to the escape of the prisoners, Wilson was evidently uncertain as to whether Daviess County maintained jurisdiction in the case. On 30 May 1839, over a month after he had made the certified copy of the indictment to send to Boone County, Wilson issued a ordering the Daviess County sheriff to arrest JS and the other defendants named in the indictment. On motion of the prosecuting attorney, the case was continued on the Daviess County Circuit Court docket during the August 1839 term, but only for the defendants who were not named in the change of venue. When it became apparent that the defendants were not going to appear, the case was dismissed at the December 1839 term. In contrast, , clerk of the Boone County Circuit Court, evidently believed that his court held jurisdiction over all the men named in the arson indictment, regardless of whether they were specifically named in the change of venue order. On motion of the prosecuting attorney, the arson case was continued on the Boone County court’s docket until August 1840. During that term, as it was apparent that the defendants were not going to appear for the trial, Judge John D. Leland ordered that the case be dismissed.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
State of Missouri v. Baldwin et al. for Arson, Daviess Co., Missouri, Circuit Court

1839 (7)

April (4)

Ca. 10 April 1839

Indictment, Honey Creek Township, Daviess Co., MO

  • Ca. 10 Apr. 1839; Historical Department, Nineteenth-Century Legal Documents Collection, CHL; handwriting of James A. Clark; docket and notation in handwriting of James A. Clark with probable signature of Robert P. Peniston Sr.
  • 20 Apr. 1839; document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson; docket and notations in handwriting of Robert Wilson; notation in handwriting of Roger N. Todd.
11 April 1839

Docket Entry, Indictment, Honey Creek Township, Daviess Co., MO

  • 11 Apr. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 58, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839; in “Copy of Record,” 2, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
11 April 1839

Docket Entry, Removal Orders, Honey Creek Township, Daviess Co., MO

  • 11 Apr. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 70, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839; in “Copy of Record,” 10–11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
11 April 1839

Order of Commitment, Honey Creek Township, Daviess Co., MO

  • 11 Apr. 1839; Historical Department, Nineteenth-Century Legal Documents Collection, CHL; handwriting of Robert Wilson; certification in handwriting of William Morgan; docket and notation in handwriting of Robert Wilson.

May (1)

30 May 1839

Capias, Honey Creek Township, Daviess Co., MO

August (1)

14 August 1839

Docket Entry, Continuance, Honey Creek Township, Daviess Co., MO

  • 14 Aug. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 128, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.

December (1)

10 December 1839

Docket Entry, Nolle Prosequi, Honey Creek Township, Daviess Co., MO

  • 10 Dec. 1839; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 151, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.

1840 (2)

April (1)

15 April 1840

Docket Entry, Costs, Honey Creek Township, Daviess Co., MO

  • 15 Apr. 1840; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 211, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.

December (1)

17 December 1840

Docket Entry, Costs, Honey Creek Township, Daviess Co., MO

  • 17 Dec. 1840; Daviess County Circuit Court Record, vol. A, 1837–1843, p. 250, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
 
State of Missouri v. Baldwin et al. for Arson, Boone Co., Missouri, Circuit Court

1839 (5)

April (3)

Ca. 10 April 1839

Indictment, Copy, Honey Creek Township, Daviess Co., MO

  • 20 Apr. 1839; document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson; docket and notations in handwriting of Robert Wilson; notation in handwriting of Roger N. Todd.
11 April 1839

Docket Entry, Indictment, Copy, Honey Creek Township, Daviess Co., MO

  • 26 June 1839; in “Copy of Record,” 2, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
11 April 1839

Docket Entry, Removal Orders, Copy, Honey Creek Township, Daviess Co., MO

  • 26 June 1839; in “Copy of Record,” 10–11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.

August (1)

17 August 1839

Docket Entry, Continuance, Columbia, Boone Co., MO

  • 17 Aug. 1839; Boone County Circuit Court Record, vol. C, p. 261, Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.

November (1)

4 November 1839

Docket Entry, Continuance, Columbia, Boone Co., MO

  • 4 Nov. 1839; Boone County Circuit Court Record, vol. C, p. 280, Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.

1840 (1)

August (1)

5 August 1840

Docket Entry, Nolle Prosequi, Columbia, Boone Co., MO

  • 5 Aug. 1840; Boone County Circuit Court Record, vol. C, p. 316, Boone County Courthouse, Columbia, MO; photocopy at BYU; handwriting of Roger N. Todd.
 
Documents Related to State of Missouri v. Baldwin et al. for Arson

1838 (1)

November (1)

12–29 November 1838

Minutes and Testimonies, Richmond, Ray Co., MO

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Editorial Title
Introduction to State of Missouri v. Baldwin et al. for Arson
ID #
14461
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; see LeSueur, 1838 Mormon War in Missouri, 117, 119.

      LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

    2. [2]

      For more information on the 1838 conflict between Latter-day Saints and their opponents in Missouri, see Documents, Volume 6, Introduction to Part 2: 8 July–29 Oct. 1838; Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839; Introduction to State of Missouri v. JS et al. for Riot; and Introduction to State of Missouri v. Gates et al. for Treason.

    3. [3]

      Corrill, Brief History, 37–38.

    4. [4]

      Andrew Job, Testimony, Richmond, MO, Nov. 1838, p. [70]; George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100]; Ezra Williams, Testimony, Richmond, MO, Nov. 1838, p. [109], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, p. 16, Nauvoo, IL, Records, CHL.

      Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

    5. [5]

      Phelps, Reminiscences, 9–10. Although Phelps did not disclose his participation in the Gallatin expedition, several witnesses at the November 1838 hearing identified him as among the men who were present. (See, for example, Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [22]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [40]; and John Cleminson, Testimony, Richmond, MO, Nov. 1838, p. [52], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)

      Phelps, Morris. Reminiscences, no date. CHL. MS 271.

    6. [6]

      Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, pp. [112]–[113], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    7. [7]

      Oliver Huntington, “History of Oliver Boardman Huntington,” 21–22. Several disaffected Latter-day Saints testified at the November 1838 hearing. Reed Peck testified that just before the October expedition to Gallatin, JS gave a speech “in refference to stealing,” stating that “in a general way he did not approve of it” but that under certain circumstances it was necessary, such as when the “Saviour & his disciples stole corn in passing thro’ the corn fields for the reason that they could not otherwise procure any thing to eat.” William W. Phelps testified that JS gave the speech because “when they went out to war it was necessary to take spoils to live on.” Jeremiah Myers, a Latter-day Saint who participated in the expedition, explained that the goods removed from Stollings’s store were “considered consecrated property & that they were to be dealt out by the bishop to those who stood in need.” (Reed Peck, Testimony, Richmond, MO, Nov. 1838, p. [57]; William W. Phelps, Testimony, Richmond, MO, Nov. 1838, p. [89]; Jeremiah Myers, Testimony, Richmond, MO, Nov. 1838, p. [69], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; see also Matthew 12:1–8; Mark 2:23–28; and Luke 6:1–5.)

      Huntington, Oliver B. “History of Oliver Boardman Huntington,” 1845–1846. BYU.

    8. [8]

      Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, 6 Nov. 1838, copy, Mormon War Papers, MSA; Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

      Mormon War Papers, 1838–1841. MSA.

    9. [9]

      John B. Clark, Richmond, MO, to Lilburn W. Boggs, Jefferson City, MO, 10 Nov. 1838, copy, underlining in original; Samuel D. Lucas, Independence, MO, to Lilburn W. Boggs, [Jefferson City, MO], 5 Nov. 1838, copy, Mormon War Papers, MSA.

      Mormon War Papers, 1838–1841. MSA.

    10. [10]

      John B. Clark, Richmond, MO, to Lilburn W. Boggs, Jefferson City, MO, 10 Nov. 1838, copy, Mormon War Papers, MSA; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], pp. 474–475, art. 2, secs. 2–3; Introduction to State of Missouri v. Gates et al. for Treason; Madsen, “Joseph Smith and the Missouri Court of Inquiry,” 93–94.

      Mormon War Papers, 1838–1841. MSA.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

      Madsen, Gordon A. “Joseph Smith and the Missouri Court of Inquiry: Austin A. King’s Quest for Hostages.” BYU Studies 43, no. 4 (2004): 93–136.

    11. [11]

      [Rigdon], Appeal to the American People, 66–67; Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], p. [2]; Agreement with Amos Rees and Alexander Doniphan, 28 Nov. 1838. The fifty-three men were Martin Allred, William Allred, Caleb Baldwin, John Buchanan, Daniel Carn, Darwin Chase, Moses Clawson, Benjamin Covey, Sheffield Daniels, John Earl, Elisha Edwards, David Frampton, Jacob Gates, Luman Gibbs, George D. Grant, George W. Harris, Anthony Head, James Henderson, Francis M. Higbee, John Higbee, Chandler Holbrook, Jesse D. Hunter, Benjamin Jones, George Kimball, Amasa Lyman, Silas Maynard, Alexander McRae, Isaac Morley, Elijah Newman, Zedekiah Owens, Ebenezer Page, Edward Partridge, David Pettegrew, Parley P. Pratt, Thomas Rich, Sidney Rigdon, Alanson Ripley, Ebenezer Robinson, George W. Robinson, Daniel Shearer, Norman Shearer, Hyrum Smith, JS, Allen Stout, John Tanner, Daniel Thomas, Alvah Tippets, Sidney Turner, Washington Voorhees, Andrew Whitlock, Lyman Wight, Joseph W. Younger, and Henry Zabrisky. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], pp. [1]–[2].)

    12. [12]

      The eleven men were Samuel Bent, Ebenezer Brown, Jonathan Dunham, King Follett, Clark Hallett, Sylvester Hulet, Joel Miles, James Newberry, Morris Phelps, James H. Rollins, and William A. Wightman. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], pp. [34], [61], [70], [100].)

    13. [13]

      An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 174, art. 3, sec. 6.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

    14. [14]

      William W. Phelps, Testimony, Richmond, MO, Nov. 1838, pp. [90]–[91], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    15. [15]

      William Morgan, Affidavit, Daviess Co., MO, 21 Oct. 1838, copy, Mormon War Papers, MSA; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, p. [7]; Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [113]; Joseph McGee, Testimony, Richmond, MO, Nov. 1838, p. [103]; George W. Worthington, Testimony, Richmond, MO, Nov. 1838, p. [101], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

      Mormon War Papers, 1838–1841. MSA.

    16. [16]

      Phelps continued: “Allowing this to be the Mormons;— The reader will bear in mind the many extream which they have been driven too by loss of property by the sufferings of their Women and children; their houses frequently burnt their women and children turned in to the snow.” He conceded that “many had become much enraged and perhaps carried some things beyond the bounds of wisdom as other men frequently do when driven to desperation.” (Phelps, Reminiscences, 10–11.)

      Phelps, Morris. Reminiscences, no date. CHL. MS 271.

    17. [17]

      Sampson Avard, Testimony, Richmond, MO, Nov. 1838, pp. [7]–[8]; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [39]; John Cleminson, Testimony, Richmond, MO, Nov. 1838, pp. [52]–[54]; Reed Peck, Testimony, Richmond, MO, Nov. 1838, pp. [59]–[60]; William W. Phelps, Testimony, Richmond, MO, Nov. 1838, pp. [89]–[91], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    18. [18]

      Trial Proceedings, Richmond, MO, Nov. 1838, pp. [125]–[126], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]. The following prisoners were admitted to bail for arson and other crimes: Samuel Bent, Daniel Carn, Jonathan Dunham, Jacob Gates, George D. Grant, Clark Hallett, James Henderson, Francis M. Higbee, John Higbee, Jesse D. Hunter, George Kimball, Joel Miles, Ebenezer Page, Edward Partridge, David Pettegrew, Thomas Rich, Alanson Ripley, Ebenezer Robinson, George W. Robinson, James H. Rollins, Sidney Turner, Washington Voorhees, William A. Wightman, and Joseph W. Younger.

    19. [19]

      See Introduction to State of Missouri v. Gates et al. for Treason; Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

    20. [20]

      Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839, in JSP, D6:278, 278n66.

    21. [21]

      In late January 1839, the Missouri legislature reorganized the state’s second and fifth judicial circuits, moving Daviess County from the fifth circuit to the newly created eleventh circuit, with Burch as the circuit’s judge. (An Act to Establish a Judicial Circuit out of the Second and Fifth Judicial Circuits [31 Jan. 1839], Laws of the State of Missouri [1838–1839], p. 34, sec. 3; Bay, Reminiscences of the Bench and Bar of Missouri, 487; Daviess Co., MO, Circuit Court Record, Apr. 1839, vol. A, 39, 41, Daviess County Courthouse, Gallatin, MO.)

      Laws of the State of Missouri, Passed at the First Session of the Tenth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Nineteenth Day of November, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Eight. Jefferson, MO: Calvin Gunn, 1838.

      Bay, W. V. N. Reminiscences of the Bench and Bar of Missouri. . . . St. Louis: F. H. Thomas, 1878.

      Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.

    22. [22]

      Burnett, Recollections and Opinions, 65.

      Burnett, Peter H. Recollections and Opinions of an Old Pioneer. New York: D. Appleton, 1880.

    23. [23]

      Members of the grand jury were John Anderson, Nathaniel Blakely, John Brown, William Cox, John Dowdy, John Edwards, Elijah Frost, Richard Grant, Andrew McHany, Moses Netherton, Jonathan Oxford, Robert P. Peniston Jr., Robert P. Peniston Sr. (foreman), John Pinkerton, John Raglin, Jacob Rogers, John Stokes, Christopher Stone, Nicholas Trosper, and Benedict Weldon. (Daviess Co., MO, Circuit Court Record, Apr. 1839, vol. A, 43, Daviess County Courthouse, Gallatin, MO; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], pp. 479–480, art. 3, secs. 2, 7–8; see also “Grand Jury,” in Bouvier, Law Dictionary, 1:447–449.)

      Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

      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: T. and J. W. Johnson, 1839.

    24. [24]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]. Only Jesse D. Hunter was bound over for arson and other crimes at the November 1838 hearing. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].)

    25. [25]

      Nighttime arson of a store was considered a second-degree felony, punishable by imprisonment in the state penitentiary “not less than seven years, nor exceeding ten years.” Daytime arson was a third-degree felony, punishable by imprisonment in the penitentiary “not less than five, nor exceeding seven years.” (An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], pp. 174, 175, art. 3, secs. 6, 12.)

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

    26. [26]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; “Grand Jury,” in Bouvier, Law Dictionary, 1:448; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 481, art. 3, sec. 19. The grand jury also indicted several Latter-day Saint men for burglary—for allegedly breaking into and removing property from Stollings’s store—but JS was not named as a defendant in that indictment. (Indictment, [Honey Creek Township, MO], ca. 10 Apr. 1839, State of Missouri v. Baldwin et al. for Burglary [Daviess Co. Cir. Ct. 1839], Historical Department, Nineteenth-Century Legal Documents Collection, CHL.)

      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: T. and J. W. Johnson, 1839.

      The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.

      Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

    27. [27]

      Docket Entry, Indictment, 11 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson].

    28. [28]

      See Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson]; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, MSA; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

      Mormon War Papers, 1838–1841. MSA.

    29. [29]

      Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Baldwin et al. for Arson].

    30. [30]

      See Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.

    31. [31]

      Indictment, ca. 10 Apr. 1839, Copy [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Indictment, 11 Apr. 1839, Copy [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Removal Orders, 11 Apr. 1839, Copy [State of Missouri v. Baldwin et al. for Arson].

    32. [32]

      The writ of capias for the arson case is not extant, but it is mentioned in Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson]. (See also Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot].)

    33. [33]

      Docket Entry, Continuance, 14 Aug. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Nolle Prosequi, 10 Dec. 1839 [State of Missouri v. Baldwin et al. for Arson].

    34. [34]

      Docket Entry, Continuance, 17 Aug. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Continuance, 4 Nov. 1839 [State of Missouri v. Baldwin et al. for Arson]; Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Baldwin et al. for Arson]; Boone Co., MO, Circuit Court Records, 1821–1925, vol. C, p. [315], microfilm 981,755, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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