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Introduction to State of Missouri v. Pratt et al. for Murder Order for Special Term, 25 December 1838 [State of Missouri v. Pratt et al. for Murder] Docket Entry, Special Term, 7 January 1839 [State of Missouri v. Pratt et al. for Murder] Indictment, circa 7 January–circa 23 April 1839 [State of Missouri v. Pratt et al. for Murder] Indictment, circa 7 January–circa 23 April 1839, Copy [State of Missouri v. Pratt et al. for Murder] Docket Entry, Indictment, 24 April 1839 [State of Missouri v. Pratt et al. for Murder] Petition, 17 May 1839 [State of Missouri v. Pratt et al. for Murder] Orders for Change of Venue, 17 May 1839 [State of Missouri v. Pratt et al. for Murder] Orders for Change of Venue, 17 May 1839, Copy [State of Missouri v. Pratt et al. for Murder] Fee Bill, circa 22 May 1839–A [State of Missouri v. Pratt et al. for Murder] Fee Bill, circa 22 May 1839–B [State of Missouri v. Pratt et al. for Murder] Fee Bill, circa 22 May 1839–C [State of Missouri v. Pratt et al. for Murder] Transcript of Proceedings, 24 May 1839 [State of Missouri v. Pratt et al. for Murder] Fee Bill, circa 26 May 1839 [State of MO v. Pratt et al. for Murder] Order, 7 June 1839, Copy–A [State of Missouri v. Pratt et al. for Murder] Order, 7 June 1839, Copy–B [State of Missouri v. Pratt et al. for Murder] Order, 7 June 1839, Copy–C [State of Missouri v. Pratt et al. for Murder] Order, 7 June 1839, Copy–D [State of Missouri v. Pratt et al. for Murder] Subpoena, 8 June 1839–A [State of Missouri v. Pratt et al. for Murder] Subpoena, 8 June 1839–B [State of Missouri v. Pratt et al. for Murder] Witness List, circa 9 June 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 10 June 1839–A [State of Missouri v. Pratt et al. for Murder] Subpoena, 10 June 1839–B [State of Missouri v. Pratt et al. for Murder] Subpoena, 11 June 1839 [State of Missouri v. Pratt et al. for Murder] Venire Facias, 18 June 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 19 June 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 1 July 1839–A [State of Missouri v. Pratt et al. for Murder] Subpoena, 1 July 1839–B [State of Missouri v. Pratt et al. for Murder] Docket Entry, Special Term, 1 July 1839 [State of Missouri v. Pratt et al. for Murder] Motion, 1 July 1839 [State of Missouri v. Pratt et al. for Murder] Docket Entry, Continuance and Dedimus, 1 July 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 19 August 1839–A [State of Missouri v. Pratt et al. for Murder] Subpoena, 19 August 1839–B [State of Missouri v. Pratt et al. for Murder] Venire Facias, 3 September 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 10 September 1839 [State of Missouri v. Pratt et al. for Murder] Docket Entry, Continuance and Venire Discharged, 25 September 1839 [State of Missouri v. Pratt et al. for Murder] Dedimus, 26 September 1839–A [State of Missouri v. Pratt et al. for Murder] Dedimus, 26 September 1839–B [State of Missouri v. Pratt et al. for Murder] Instructions for Depositions, circa 26 September 1839 [State of Missouri v. Pratt et al. for Murder] Dedimus, 27 September 1839 [State of Missouri v. Pratt et al. for Murder] Notice, circa 27 September 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 3 October 1839 [State of Missouri v. Pratt et al. for Murder] Subpoena, 7 October 1839 [State of Missouri v. Pratt et al. for Murder] Venire Facias, 25 October 1839 [State of Missouri v. Pratt et al. for Murder] Docket Entry, Nolle Prosequi and Continuance, 4 November 1839 [State of Missouri v. Pratt et al. for Murder] Sheriff’s Fees, circa 4 November 1839 [State of Missouri v. Pratt et al. for Murder] Fee Bill, 18 December 1839 [State of Missouri v. Pratt et al. for Murder] Docket Entry, Fee Bill, 18 December 1839 [State of Missouri v. Pratt et al. for Murder] Case File Wrapper, circa 1839 [State of Missouri v. Pratt et al. for Murder] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Pratt et al. for Murder]

Introduction to State of Missouri v. Pratt et al. for Murder

Page

State of Missouri v. Pratt, Gibbs, M. Phelps, JS, Wight, and Rigdon for Murder
Fifth Judicial Circuit of Missouri, 29 November 1838
Ray Co., Missouri, Circuit Court, 17 May 1839
Boone Co., Missouri, Circuit Court, 5 August 1840
 
Historical Introduction
Around 23 April 1839, a in , Missouri, indicted , , and Morris Phelps on a charge of for allegedly killing Moses Rowland at a skirmish at , Missouri, on 25 October 1838. In addition, the indictment named JS, , and as to the murder. During summer 1838, violence broke out between church members and their antagonists in northwestern . Latter-day Saints were expelled from in Carroll County, Missouri, in early October, making it clear that civil authorities would not protect church members from extralegal violence. Rather than submit to additional mob violence, church members engaged in aggressive self-defense.
Ostensibly fearing a Latter-day Saint invasion of , Captain of the state militia sought and received authorization “to range the line between & Ray County.” The militiamen exceeded this authorization, harassing church members living near the border between Caldwell and Ray counties, burning at least one cabin, and capturing three Latter-day Saint men—Addison Greene, Nathan Pinkham Jr., and William Seely—two of whom were probably scouts. Apostle led a contingent of about sixty Latter-day Saint cavalrymen to rescue the prisoners. At dawn on 25 October, Patten’s men exchanged gunfire with Bogart’s company of thirty-five men near , two miles south of the Caldwell County border, resulting in the deaths of Rowland, who was a soldier in Bogart’s company, as well as Patten and two Latter-day Saints in his company, and .
governor , responding to exaggerated reports of this fight 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” 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 , Ray County. On 10 November, Clark reported to Boggs that he had “made out charges against the prisoners” based on information garnered primarily from Latter-day Saint dissidents. He identified “, murder, , , and and ” as the prisoners’ offenses, all committed “under the counsel of Joseph Smith jr, the prophet.”
arranged to have Judge of ’s fifth judicial circuit preside at a criminal court of inquiry in to determine whether there was probable cause to send the case to a grand jury. Rather than first hearing sworn complaints against the prisoners and issuing warrants “reciting the accusation,” as required by Missouri law, King accepted Clark’s formulation of the charges, minus perjury, apparently without question. Circuit attorney was the prosecutor, while , , and served as defense attorneys.
The skirmish at was a significant topic at the hearing, which began on 12 November. Witnesses identified , along with , as a commander of the Latter-day Saint troops. Witnesses also identified , , and as being part of the company, although one witness—Phelps—testified that Chase did not participate in the fight. Phelps, along with several other witnesses, described JS, , and visiting and administering healing blessings to the wounded. Phelps testified that he was an unwilling participant in the expedition and denied taking part in the skirmish. Nevertheless, ordered that Phelps be taken into custody and charged.
At the conclusion of the hearing on 29 November, held there was probable cause to believe that , , , , and Phelps were guilty of Rowland’s murder. As murder was a nonbailable offense, King committed the five prisoners to the jail to await trial. The judge did not mention JS, , or as potential accessories in his ruling on the Rowland murder, perhaps because he had earlier found probable cause to believe that they had committed treason against the state of . They were committed to the jail in , Missouri, to await their trials on the treason charge. On 25 December 1838, King ordered that a special session of the Ray County Circuit Court be held on 7 January 1839 for the murder trial. Prosecuting attorney prepared a draft of an indictment that charged Pratt, his fellow prisoners, and four other Latter-day Saints with murdering Rowland. The draft indictment further charged JS, Rigdon, and Wight with being accessories to the murder, both and . When the day appointed for the trial arrived, however, the court continued the case until the April 1839 term, perhaps because Burch had been appointed as judge of the newly created eleventh judicial circuit and would therefore be unavailable to prosecute the case.
In April 1839, the Circuit Court convened in . presided, while , who had assisted during the preliminary examination, acted as the prosecuting attorney. It is unclear who represented the defendants, although it may have been and , two of the defense attorneys during the November 1838 examination. Sheriff impaneled eighteen county residents as a grand jury. Wood presented to the grand jury a revised version of Burch’s draft indictment charging , , and Phelps with murdering Rowland. JS, , and were charged as accessories to the murder, both before and after the fact. The grand jury approved the indictment and submitted it to the circuit court on 24 April. and were at this time, presumably for insufficient evidence. The term closed before the case could proceed to trial, and Pratt, Phelps, and Gibbs were to the Ray County jail. By the time of the grand jury proceedings, word had reached Pratt that JS and his fellow prisoners had escaped from custody while they were being transported to , Missouri, where their trials on the treason charge had been transferred.
On 17 May 1839, , Phelps, and also sought a change of venue to , arguing that they would not receive a fair trial in or surrounding counties. granted their petition. On 22 May, the prisoners departed under guard and traveled to Columbia, the Boone County seat, arriving four days later. There they were committed to the Boone County jail. Preferring not to wait until the next regular court term, the prisoners petitioned , judge of the second judicial circuit, to schedule a special term for their trial. Reynolds granted the petition, setting the special term for 1 July 1839. The court issued subpoenas for and six militiamen who were present when Rowland was killed to testify for the prosecution. In addition, the court subpoenaed state militia commanders and , men who were generally familiar with the 1838 conflict but who were not present at the fight, to testify for the defense. A was also impaneled. However, on 1 July the defense witnesses did not appear, leading the court to continue the case at the defendants’ request until September, which gave them an opportunity to secure depositions from witnesses unable to attend the trial.
and Phelps, aided by family members who were visiting the jail, planned to escape on 4 July 1839. When the jailer brought the evening meal, Pratt and Phelps forced their way through the open door and escaped into a nearby forest. The two men had not informed their coprisoner of their plans, as he was evidently disaffected from the church and they did not trust him to keep their design secret. When Gibbs realized what was happening, he remained in the jail, reportedly saying that “he wanted to come out honorably and not leave a Scandle uppon the Church.”
’s case, however, did not advance to trial, and he remained imprisoned until 4 November 1839, when the charges against him were dismissed. The charges against and Phelps were subsequently dismissed on 5 August 1840. In fall 1840, perhaps unaware of the dismissals, state officials attempted to extradite Latter-day Saint men for their roles in crimes allegedly committed during the 1838 conflict, including Pratt as principal in the Rowland murder and JS, , and as accessories. Although JS was arrested in connection to the extradition attempt in June 1841, judge discharged him on a writ of . Missouri officials made no subsequent effort to prosecute Pratt, JS, or the other defendants for their alleged roles in Rowland’s death.
 
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.
 
Ray Co., Missouri, Circuit Court

1838 (1)

December (1)

25 December 1838

Austin A. King, Order, Richmond, Ray Co., MO

  • 25 Dec. 1838. Not extant.
  • 25 Dec. 1838; Ray County Circuit Court Record, vol. A, 1821–1840, p. 342, Ray County Courthouse, Richmond, MO; microfilm at FHL; handwriting of Wiley C. Williams.

1839 (11)

January (2)

7 January 1839

Docket Entry, Special Term, Richmond, Ray Co., MO

  • 7 Jan. 1839; Ray County Circuit Court Record, vol. A, 1821–1840, pp. 342–343, Ray County Courthouse, Richmond, MO; microfilm at FHL; handwriting of Wiley C. Williams.
Ca. 7 January–ca. 23 April 1839

Indictment, Richmond, Ray Co., MO

April (1)

24 April 1839

Docket Entry, Indictment, Richmond, Ray Co., MO

  • 24 Apr. 1839; Ray County Circuit Court Record, vol. A, 1821–1840, p. 354, Ray County Courthouse, Richmond, MO; microfilm at FHL; handwriting of Wiley C. Williams.

May (8)

Between 24 April and 17 May 1839

Subpoenas, Richmond, Ray Co., MO

17 May 1839

Parley P. Pratt and Others, Petition, to Austin A. King, Richmond, Ray Co., MO

17 May 1839

Austin A. King, Orders for Change of Venue, Richmond, Ray Co., MO

Ca. 22 May 1839

Benjamin J. Brown, Fee Bill, Richmond, Ray Co., MO, to State of Missouri, ca. 22 May 1839–A

  • Ca. 22 May 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket and notation in handwriting of Roger N. Todd.
Ca. 22 May 1839

Benjamin J. Brown, Fee Bill, Richmond, Ray Co., MO, to State of Missouri, ca. 22 May 1839–B

  • Ca. 22 May 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket and notation in handwriting of Roger N. Todd.
Ca. 22 May 1839

Benjamin J. Brown, Fee Bill, Richmond, Ray Co., MO, to State of Missouri, ca. 22 May 1839–C

  • Ca. 22 May 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket and notation in handwriting of Roger N. Todd.
24 May 1839

Transcript of Proceedings, Richmond, Ray Co., MO

  • 24 May 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting.
Ca. 26 May 1839

Benjamin J. Brown, Fee Bill, Richmond, Ray Co., MO, to State of Missouri

  • Ca. 26 May 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Wiley C. Williams; docket in handwriting of Wiley C. Williams; notation in handwriting of Benjamin J. Brown.
 
Boone Co., Missouri, Circuit Court

1839 (32)

June (10)

Between 26 May and 7 June 1839

Parley P. Pratt and Others, Petition, to Thomas Reynolds, Columbia, Boone Co., MO

7 June 1839

Thomas Reynolds, Order, Columbia, Boone Co., MO

  • 7 June 1839. Not extant.
  • 8 June 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notation in handwriting of F. A. Hamilton.
  • 8 June 1839. Not extant.
  • 8 June 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notation in handwriting of F. A. Hamilton.
  • 8 June 1839. Not extant.
  • 8 June 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notation in handwriting of F. A. Hamilton.
  • 8 June 1839. Not extant.
  • 8 June 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notation in handwriting of F. A. Hamilton.
  • 8 June 1839. Not extant.
8 June 1839

Roger N. Todd, Subpoena, for Samuel Bogart and Others, Columbia, Boone Co., MO, 8 June 1839–A

  • 8 June 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of John Skidmore.
8 June 1839

Roger N. Todd, Subpoena, for Wyatt Cravens and Others, Columbia, Boone Co., MO, 8 June 1839–B

  • 8 June 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of Benjamin J. Brown.
Ca. 9 June 1839

Witness List, Columbia, Boone Co., MO

  • Ca. 9 June 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting.
10 June 1839

Roger N. Todd, Subpoena, for David R. Atchison, Columbia, Boone Co., MO, 10 June 1839–A

  • 10 June 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notation in handwriting of Samuel Hadley.
10 June 1839

Roger N. Todd, Subpoena, for Hiram Parks, Columbia, Boone Co., MO, 10 June 1839–B

  • 10 June 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of Benjamin J. Brown.
11 June 1839

Roger N. Todd, Subpoena, for Israel R. Hendley, Columbia, Boone Co., MO

  • 11 June 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of Benjamin J. Brown.
18 June 1839

Roger N. Todd, Venire Facias, to Boone Co. Sheriff, Columbia, Boone Co., MO

  • 18 June 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notations in handwriting of John Martin.
19 June 1839

Abraham Shafer, Subpoena, for Zadok Martin, Liberty, Clay Co., MO

  • 19 June 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions presumably in handwriting of Abraham Shafer; notation presumably in handwriting of Hiram Kimzey.

July (5)

1 July 1839

Roger N. Todd, Subpoena, for George Walters, Columbia, Boone Co., MO, 1 July 1839–A

  • 1 July 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of F. A. Hamilton.
1 July 1839

Roger N. Todd, Subpoena, for George Walters, Columbia, Boone Co., MO, 1 July 1839–B

  • 1 July 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of F. A. Hamilton.
1 July 1839

Docket Entry, Special Term, Columbia, Boone Co., MO

  • 1 July 1839; Boone County Circuit Court Record, vol. C, 1838–1842, p. 222, Boone County Courthouse, Columbia, MO; microfilm at FHL; handwriting of Roger N. Todd.
1 July 1839

Parley P. Pratt and Others, Motion, Columbia, Boone Co., MO

  • 1 July 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting; signatures of Parley P. Pratt, Morris Phelps, and Luman Gibbs; certification in handwriting of Roger N. Todd.
1 July 1839

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

  • 1 July 1839; Boone County Circuit Court Record, vol. C, 1838–1842, p. 222, Boone County Courthouse, Columbia, MO; microfilm at FHL; handwriting of Roger N. Todd.

August (2)

19 August 1839

Roger N. Todd, Subpoena, for Samuel Bogart and Others, Columbia, Boone Co., MO, 19 Aug. 1839–A

  • 19 Aug. 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation presumably in handwriting of John Skidmore.
19 August 1839

Roger N. Todd, Subpoena, for Wyatt Cravens and Others, Columbia, Boone Co., MO, 19 Aug. 1839–B

  • 19 Aug. 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of Benjamin J. Brown.

September (8)

3 September 1839

Roger N. Todd, Venire Facias, to Boone Co. Sheriff, Columbia, Boone Co., MO

  • 3 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket in handwriting of Roger N. Todd; notation in handwriting of John Martin and Roger N. Todd.
10 September 1839

Milton Cornelius on behalf of Roger N. Todd, Subpoena, for Thomas B. Marsh, Columbia, Boone Co., MO

  • 10 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in unidentified handwriting; signature of Milton Cornelius; notation presumably in handwriting of James Hill.
25 September 1839

Docket Entry, Continuance and Venire Discharged, Columbia, Boone Co., MO

  • 25 Sept. 1839; Boone County Circuit Court Record, vol. C, 1838–1842, p. 267, Boone County Courthouse, Columbia, MO; microfilm at FHL; handwriting of Roger N. Todd.
26 September 1839

Roger N. Todd, Dedimus, Columbia, Boone Co., MO, to “any Judge, Justice of the Peace or other Judicial officer in the Territory of Iowa”, 26 Sept. 1839–A

  • 26 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting; signature of Roger N. Todd; docket in unidentified handwriting.
26 September 1839

Roger N. Todd, Dedimus, Columbia, Boone Co., MO, to “any Judge, Justice of the Peace or other Judicial officer in the state of Illinois”, 26 Sept. 1839–B

  • 26 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting; signature of Roger N. Todd.
Ca. 26 September 1839

Roger N. Todd, Instructions for Depositions, Columbia, Boone Co., MO

  • Ca. 26 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting; docket in unidentified handwriting.
27 September 1839

Roger N. Todd, Dedimus, Columbia, Boone Co., MO, to “any Judge, Justice of the Peace or other Judicial officer in the State of Illinois”

  • 27 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting; signature of Roger N. Todd; docket in unidentified handwriting.
Ca. 27 September 1839

Notice, Adams Co., IL, to the Citizens of Adams County and Hancock County, IL

  • Ca. 27 Sept. 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting; docket in unidentified handwriting.

October (3)

3 October 1839

Roger N. Todd, Subpoena, for Wyatt Cravens and Others, Columbia, Boone Co., MO

  • 3 Oct. 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; docket in unidentified handwriting; notation in handwriting of Benjamin J. Brown.
7 October 1839

Roger N. Todd, Subpoena, for Hiram Parks and Israel R. Hendley, Columbia, Boone Co., MO

  • 7 Oct. 1839; photocopy in Daviess County Legal Documents, BYU; printed form with manuscript additions in handwriting of Roger N. Todd; notation in handwriting of Benjamin J. Brown.
25 October 1839

Roger N. Todd, Venire Facias, to Boone Co. Sheriff, Columbia, Boone Co., MO

  • 25 Oct. 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of Roger N. Todd; docket and notation in handwriting of Roger N. Todd; notation in handwriting of John Martin.

November (2)

4 November 1839

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

  • 4 Nov. 1839; Boone County Circuit Court Record, vol. C, 1838–1842, p. 276, Boone County Courthouse, Columbia, MO; microfilm at FHL; handwriting of Roger N. Todd.
Ca. 4 November 1839

Sheriff’s Fees, Columbia, Boone Co., MO

  • Ca. 4 Nov. 1839; photocopy in Daviess County Legal Documents, BYU; unidentified handwriting.

December (2)

18 December 1839

John Martin, Fee Bill, Boone Co., MO, to State of Missouri

  • 18 Dec. 1839; photocopy in Daviess County Legal Documents, BYU; handwriting of John Martin.
18 December 1839

Docket Entry, Fee Bill, Columbia, Boone Co., MO

  • 18 Dec. 1839; Boone County Circuit Court Record, vol. C, 1838–1842, p. 314, Boone County Courthouse, Columbia, MO; 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, 1838–1842, p. 316, Boone County Courthouse, Columbia, MO; microfilm at FHL; handwriting of Roger N. Todd.
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Related Case Documents
Editorial Title
Introduction to State of Missouri v. Pratt et al. for Murder
ID #
19995
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder]; Docket Entry, Indictment, 24 Apr. 1839 [State of Missouri v. Pratt et al. for Murder].

    2. [2]

      Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

    3. [3]

      David R. Atchison, Liberty, MO, to Samuel Bogart, 23 Oct. 1838, in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [26].

    4. [4]

      Rockwood, Journal, 25 Oct. 1838; Charles C. Rich, Statement, ca. Feb. 1845, Historian’s Office, JS History Documents, 1839–1860, CHL; Pratt, History of the Late Persecution, 35–36; Sidney Rigdon, Testimony, Nauvoo, IL, 1 July 1843, [12], Nauvoo, IL, Records, CHL; Reed Peck, Quincy, IL, to “Dear Friends,” 18 Sept. 1839, 95, Huntington Library, San Marino, CA; see also Baugh, “Call to Arms,” 218–252.

      Rockwood, Albert Perry. Journal Entries, Oct. 1838–Jan. 1839. Photocopy. CHL. MS 2606.

      Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.

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

      Peck, Reed. Letter, Quincy, IL, to “Dear Friends,” 18 Sept. 1839. Huntington Library, San Marino, CA.

      Baugh, Alexander L. “A Call to Arms: The 1838 Mormon Defense of Northern Missouri.” PhD diss., Brigham Young University, 1996. Also available as A Call to Arms: The 1838 Mormon Defense of Northern Missouri, Dissertations in Latter-day Saint History (Provo, UT: Joseph Fielding Smith Institute for Latter-day Saint History; BYU Studies, 2000).

    5. [5]

      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; see also Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

      Mormon War Papers, 1838–1841. MSA.

    6. [6]

      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.

    7. [7]

      John B. Clark, Richmond, MO, to Lilburn W. Boggs, [Jefferson City, MO], 10 Nov. 1838, copy; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, 19 Nov. 1838, Mormon War Papers, MSA; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 474–475, art. 2, secs. 2–3; Madsen, “Joseph Smith and the Missouri Court of Inquiry,” 93–98.

      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. . . . St. Louis: Argus Office, 1835.

      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.

    8. [8]

      [Rigdon], Appeal to the American People, 66; Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [1]–[2], [61], [70]; Agreement with Amos Rees and Alexander Doniphan, 28 Nov. 1838.

    9. [9]

      Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [24], [26], [117]–[118].

    10. [10]

      Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [22], [27], [34], [76], [109].

    11. [11]

      Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [21], [27]–[28], [34], [41], [118].

    12. [12]

      Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [124]–[125]; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 475, art. 2, sec. 8; Pratt, History of the Late Persecution, 55–56; see also Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839; Baugh, “Parley P. Pratt’s Missouri Imprisonment,” 137–167; and Givens and Grow, Parley P. Pratt, chap. 5.

      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. . . . St. Louis: Argus Office, 1835.

      Baugh, Alexander L. “‘Tis Not for Crimes That I Have Done’: Parley P. Pratt’s Missouri Imprisonment, 1838–1839.” In Parley P. Pratt and the Making of Mormonism, edited by Gregory K. Armstrong, Matthew J. Grow, and Dennis J. Siler, 137–167. Norman, OK: Arthur H. Clark, 2011.

      Givens, Terryl L., and Matthew J. Grow. Parley P. Pratt: The Apostle Paul of Mormonism. New York: Oxford University Press, 2011.

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      For more information on the November 1838 hearing and King’s ruling regarding the other defendants, see Introduction to State of Missouri v. Gates et al. for Treason; and Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

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      Order for Special Term, 25 Dec. 1838 [State of Missouri v. Pratt et al. for Murder].

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      The draft indictment included the names of Pratt, Gibbs, Phelps, Chase, and Shearer, as well as Charles C. Rich, Daniel Avery, John Cooper, and Edward Partridge, but for unknown reasons the names of Chase, Shearer, Rich, Avery, Cooper, and Partridge were subsequently canceled. Washington Voorhees was similarly named in the draft as an accessory both before and after the fact, but his name was also canceled. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder].)

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      Docket Entry, Special Term, 7 Jan. 1839 [State of Missouri v. Pratt et al. for Murder]; An Act to Establish a Judicial Circuit 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.

      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.

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      Indictment, ca. 7 Jan.–ca. 23 Apr. 1839, Copy [State of Missouri v. Pratt et al. for Murder]; John B. Clark, Richmond, MO, to Lilburn W. Boggs, [Jefferson City, MO], 14 Nov. 1838, copy, Mormon War Papers, MSA; Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], [1]–[2]. On 22 April 1839, the first day of the term, the court admitted Williams to practice law in Ray County. On 12 May, Pratt wrote to his wife that he had sent for Rees, suggesting that he was among the attorneys representing the defendants. (Ray Co., MO, Circuit Court Record A, 343–344, Ray County Courthouse, Richmond, MO; Parley P. Pratt, Richmond, MO, to Mary Ann Pratt, Quincy, IL, 12 May 1839, Parley P. Pratt, Letters, CHL.)

      Mormon War Papers, 1838–1841. MSA.

      Ray Co., MO. Circuit Court Record A, 1821–1840. Ray County Courthouse, Richmond, MO.

      Pratt, Parley P. Letters, 1838–1839. CHL. MS 5828.

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      Ray Co., MO, Circuit Court Record A, 342, Ray County Courthouse, Richmond, MO; Transcript of Proceedings, 24 May 1839 [State of Missouri v. Pratt et al. for Murder]. The indictment was divided into twelve counts, all nearly identical in wording. Pratt was identified as the sole shooter in four of the counts, with Gibbs and Phelps aiding and abetting him. Four counts alleged that Pratt, Gibbs, and Phelps together held the gun when it was shot. And in the other four counts, an unidentified individual was the shooter, while Pratt, Gibbs, and Phelps aided and abetted him. The indictment did not explicitly state whether the principal shooter was being charged with first-degree, or premeditated, murder or second-degree murder. First-degree murder was a capital offense, while second-degree murder was punished by at least ten years’ imprisonment in the state penitentiary. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder]; An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 167–168, art. 2, secs. 1–3.)

      Ray Co., MO. Circuit Court Record A, 1821–1840. Ray County Courthouse, Richmond, 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. . . . St. Louis: Argus Office, 1835.

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      The first six counts alleged that “before the felony and murder,” JS, Rigdon, and Wight “did stir up, move abet, counsel and procure” the crime. Counts seven through twelve alleged that JS, Rigdon, and Wight, “well knowing” that Pratt, Gibbs, and Phelps had murdered Rowland, did “receive harbour and maintain” the accused. Missouri law specified that individuals convicted of being accessories before the fact would receive the same punishment as the convicted principal, while individuals who were found guilty of being accessories after the fact would be punished by imprisonment in the state penitentiary for up to one year, by incarceration in a county jail for up to five years, by paying a fine up to $500, or some combination. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder]; An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 212, art. 9, secs. 5–6.)

      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. . . . St. Louis: Argus Office, 1835.

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      Docket Entry, Indictment, 24 Apr. 1839 [State of Missouri v. Pratt et al. for Murder].

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      Pratt, History of the Late Persecution, 59–60; Phelps, Reminiscences, 24; Ray Co., MO, Circuit Court Record A, 368, Ray County Courthouse, Richmond, MO. In the revised indictment, prosecuting attorney William Wood erroneously retained the names of Chase and Shearer in the fifth count, despite their having been discharged from custody. (Indictment, ca. 7 Jan.–ca. 23 Apr. 1839 [State of Missouri v. Pratt et al. for Murder].)

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

      Ray Co., MO. Circuit Court Record A, 1821–1840. Ray County Courthouse, Richmond, MO.

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      Parley P. Pratt, Richmond, MO, to Mary Ann Pratt, Quincy, IL, 12, 21–22 Apr. 1839, Parley P. Pratt, Letters, CHL; see also Promissory Note to John Brassfield, 16 Apr. 1839.

      Pratt, Parley P. Letters, 1838–1839. CHL. MS 5828.

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      Petition, 17 May 1839 [State of Missouri v. Pratt et al. for Murder].

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      Orders for Change of Venue, 17 May 1839 [State of Missouri v. Pratt et al. for Murder].

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      Pratt, History of the Late Persecution, 60–63; Parley P. Pratt, Columbia, MO, to Mary Ann Pratt, Quincy, IL, 31 May and 1 June 1839, Parley P. Pratt, Letters, CHL.

      Pratt, Parley P. Letters, 1838–1839. CHL. MS 5828.

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      Pratt, History of the Late Persecution, 65; Order, 7 June 1839, Copy–A [State of Missouri v. Pratt et al. for Murder]; 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. 4.

      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.

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      Subpoena, 8 June 1839–A [State of Missouri v. Pratt et al. for Murder]; Subpoena, 8 June 1839–B [State of Missouri v. Pratt et al. for Murder]; Subpoena, 10 June 1839–A [State of Missouri v. Pratt et al. for Murder]; Subpoena, 10 June 1839–B [State of Missouri v. Pratt et al. for Murder].

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      Venire Facias, 18 June 1839 [State of Missouri v. Pratt et al. for Murder].

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      Docket Entry, Continuance and Dedimus, 1 July 1839 [State of Missouri v. Pratt et al. for Murder]; Morris Phelps, Columbia, MO, to Charles Rich, Quincy, IL, 28 June–4 July 1839, Charles C. Rich Collection, CHL. Reynolds ordered that the case be continued “until the next regular term of this Court,” which would have been August. However, Morris Phelps’s letter to Charles C. Rich and subsequent documents pertaining to the case indicate that the case was actually continued until the end of September. (Subpoena, 19 Aug. 1839–A [State of Missouri v. Pratt et al. for Murder]; An Act to Establish a Judicial Circuit of the Second and Fifth Judicial Circuits [31 Jan. 1839], Laws of the State of Missouri [1838–1839], p. 34, sec. 5.)

      Rich, Charles C. Collection, 1832–1908. CHL. MS 889.

      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.

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      Pratt, History of the Late Persecution, 77–79; Pratt, Autobiography, 271–278; Phelps, Reminiscences, 4–7 (second numbering); John W. Clark, Fort Madison, Iowa Territory, to David K. Clark, Dupage, IL, 13 July 1839, CHL.

      Pratt, Parley P. The Autobiography of Parley Parker Pratt, One of the Twelve Apostles of the Church of Jesus Christ of Latter-Day Saints, Embracing His Life, Ministry and Travels, with Extracts, in Prose and Verse, from His Miscellaneous Writings. Edited by Parley P. Pratt Jr. New York: Russell Brothers, 1874.

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

      Clark, John W. Letter, Fort Madison, Iowa Territory, to David K. Clark, Dupage, IL, 13 July 1839. CHL. MS 24667.

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      Docket Entry, Nolle Prosequi and Continuance, 4 Nov. 1839 [State of Missouri v. Pratt et al. for Murder]; see also Luman Gibbs, Columbia, MO, to Emer Harris, Quincy, IL, ca. 15 Feb. 1840, in Emer Harris, Notebook, CHL.

      Harris, Emer. Notebook, 1817–1846. Photocopy. CHL. MS 14355.

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      Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Pratt et al. for Murder].

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      On 9 July 1839, in response to reports of the escape of Pratt and Phelps, Missouri secretary of state James L. Minor requested the Boone County Circuit Court clerk to submit a certified copy of the murder indictment and other documents to the governor’s office in anticipation of initiating extradition proceedings. Circuit court clerk Roger N. Todd made the certified copy on 18 July and sent it to Jefferson City. On 1 September 1840, Missouri governor Boggs sent a requisition to Illinois officials, demanding that JS, Pratt, and others be apprehended and extradited to answer treason, murder, and other crimes. Boggs mentioned that some of the accused were “accessories thereto.” (James L. Minor, Jefferson City, MO, to Roger N. Todd, Columbia, MO, 9 July 1839, photocopy, Daviess County Legal Documents, BYU; Transcript of Proceedings, Murder, 18 July 1839 [Extradition of JS et al. for Treason and Other Crimes]; Requisition, 1 Sept. 1840 [Extradition of JS et al. for Treason and Other Crimes]; see also Introduction to Extradition of JS et al. for Treason and Other Crimes.)

      Daviess County Legal Documents. Photocopies. BYU.

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