The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to State of Missouri v. Worthington et al. for Larceny and State of Missouri v. JS for Receiving Stolen Goods Indictment, circa 10 April 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. Worthington et al. for Larceny] Order of Commitment, 11 April 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Costs, 15 April 1840 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Costs, 17 December 1840 [State of Missouri v. Worthington et al. for Larceny] Indictment, circa 10 April 1839, Copy [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Continuance, 4 November 1839 [State of Missouri v. Worthington et al. for Larceny] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Worthington et al. for Larceny]

Introduction to State of Missouri v. Worthington et al. for Larceny and State of Missouri v. JS for Receiving Stolen Goods

Page

State of Missouri v. Worthington, Lott, JS, and Wight for Larceny
Fifth Judicial Circuit of Missouri, 29 November 1838
Daviess Co., Missouri, Circuit Court, 11 April 1839
Boone Co., Missouri, Circuit Court, 5 August 1840
 
State of Missouri v. JS for Receiving Stolen Goods
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 on a charge of for allegedly stealing and carrying away various items of personal property in October 1838. In addition, the grand jury approved a separate indictment that charged JS alone with receiving a stolen saddle. The indictments were part of the long and complicated legal aftermath of the 1838 conflict between the Latter-day Saints and their antagonists in . In November 1838, state officials developed a list of crimes, from treason to perjury, that Latter-day Saints had allegedly committed during the conflict. Over the next five months, the officials sought to identify and prosecute church members for these crimes. Some defendants, such as JS and Wight, were identified early in the process and brought into state custody. Others, such as Worthington and Lott, were not identified as defendants until April 1839, when they were indicted for larceny.
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. Having forced the Saints from De Witt, the church’s opponents turned their attention to and other settlements in . In response, church members in , Caldwell County, decided to engage in aggressive self-defense. In ’s words, the Saints planned to “scatter the mob” and “destroy those places that harbored them.” On 18 October 1838, apostle led about eighty Latter-day Saint men to , Daviess County—a suspected mob haven—where they expelled vigilantes opposed to the church, burned buildings owned by vigilantes and their sympathizers, and confiscated essential goods as wartime appropriations.
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 , Ray County. 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, , , robbery and and ” as their 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 , which lasted from 12 to 29 November 1838, 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 served as the prosecutor, while , , and served as defense attorneys.
The Saints’ October 1838 expedition to , including their confiscation of goods, was a significant topic at the hearing. The prosecution viewed these acts as larceny, which law defined as “feloniously stealing, taking and carrying away, any money, goods, right in action, or other personal property, or valuable thing whatsoever.” Patrick Lynch, clerk of ’s store in Gallatin, testified that he witnessed Latter-day Saint men removing goods from the store on 18 October. In addition, George Worthington, who lived in Gallatin, testified that a group of Latter-day Saint men came to his home and stole a saddle that belonged to .
Witnesses testified that JS gave a sermon on 15 October 1838 in , just prior to the expedition, that justified stealing under specific circumstances. The prosecution presumably asked witnesses about this discourse in order to show that those who committed larceny had done so under JS’s direction. Disaffected church member testified that JS spoke “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.” , who was disaffected from the church at the time, 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 ’s store were “considered consecrated property & that they were to be dealt out by the bishop to those who stood in need.”
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 . He ordered that they be released on bail, conditioned on their appearance at the next session of the Daviess County Circuit Court for trial. Neither JS nor was included in this list, likely because King had earlier found probable cause to believe that they had committed treason against the state of . As treason was a nonbailable offense, JS, Wight, and others were confined in the in , Missouri, to await the spring term of the court. and were not among the defendants at this stage in the process.
On 6 April 1839, JS, , and the other prisoners were removed from the in 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 crimes allegedly committed by JS and other Latter-day Saint men during the 1838 conflict.
presented an indictment to the grand jury laying out the prosecution’s case that larceny had been committed during the conflict. For unknown reasons, Clark did not identify any of the twenty-four men whom had named in November 1838 in relation to the larceny charge. Rather, Clark named JS, , , and as defendants. The indictment was divided into three counts. The first asserted that on 1 October 1838, Worthington, Lott, and JS had stolen and carried away various items that belonged to Lynch, ranging in value from five to twenty dollars, with most of the values exceeding the ten-dollar threshold dividing petty and grand larceny. The next count alleged that JS and Wight had received unspecified stolen goods on 2 October. The final count charged that JS received a stolen saddle on 2 October. The inclusion of JS’s name in the first count was suspect, as no witness at the November 1838 court of inquiry had claimed that he participated personally in the 18 October 1838 raid on . In addition, the dates that the alleged crimes occurred were problematic given that JS was in on 1–2 October. Clark wrote on the wrapper of the indictment the names of , Allen Rathburn, Lynch, George Worthington, and John Stokes as witnesses. 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.
also presented to the grand jury a separate indictment laying out the prosecution’s case that JS had received the stolen saddle, valued at twenty dollars, on 1 October 1838. Although George Worthington had testified in the November 1838 hearing that the saddle stolen from his property had actually belonged to , the indictment omitted this point and simply stated that it was stolen from Worthington. In addition, the date of the alleged receipt of the stolen saddle was problematic for the same reasons as the dates provided in the larceny indictment. On the wrapper of the indictment, Clark identified as the sole witness. Around 10 April, when the grand jury hearing concluded, Peniston wrote “true Bill” on the document.
The grand jury submitted indictments for larceny and receiving stolen goods to the circuit court on 11 April 1839. Of the defendants named in the indictments, only two—JS and —were present in the circuit court on 11 April, because and had already departed in forced compliance with ’s expulsion order. Citing his previous service as the prosecuting attorney at the November 1838 court of inquiry, issued orders that changed the venue of the larceny and receiving stolen goods cases for JS and Wight to in the second judicial circuit. The prisoners left on 12 April 1839, along with Sheriff 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 indictments and the other records in his docket for the larceny and receiving stolen goods cases and forwarded them to the Circuit Court. However, perhaps due to the escape of the prisoners, Wilson was evidently uncertain whether Daviess County maintained jurisdiction in the cases. On 30 May 1839, more than a month after he had made the certified copies of the indictments to send to Boone County, Wilson issued a writ of ordering the Daviess County sheriff to arrest JS and the other defendants named in the larceny indictment. On motion of the prosecuting , the larceny case was continued on the Daviess County Circuit Court docket during the August 1839 term, but presumably only for and , the defendants who were not named in the order changing the venue. When it became apparent that the defendants were not going to appear, the larceny case was dismissed at the December 1839 term. As JS was the only defendant named in the receiving stolen goods indictment, Wilson presumably did not issue a writ of capias for that case. The clerk did not include such a writ in the docket book with the August 1839 continuance or the December 1839 dismissal.
In contrast, , clerk of the Circuit Court, evidently believed that his court held jurisdiction over all the men named in the larceny and receiving stolen goods indictments, regardless of whether they were specifically named in the change-of-venue orders. On motion of the prosecuting attorney, the larceny and receiving stolen goods cases were 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 cases 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. Worthington et al. for Larceny, Daviess Co., Missouri, Circuit Court

1839 (7)

April (4)

Ca. 10 April 1839

Indictment, Honey Creek Township, Daviess Co., MO

  • Ca. 10 Apr. 1839; Daviess County Courthouse, Gallatin, MO; handwriting of James A. Clark; docket and notations 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,” 3, 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. 68, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839; in “Copy of Record,” 7–8, 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; partial manuscript at Beinecke Rare Book and Manuscript Library, Yale University, New Haven, CT, and partial manuscript in private possession; photocopy in Max H Parkin, Collected Missouri Court Documents, 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, for James Worthington and Others, 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. 129, 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. 152, 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. Worthington et al. for Larceny, 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,” 3, 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,” 7–8, 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.
 
State of Missouri v. JS for Receiving Stolen Goods, Daviess Co., Missouri, Circuit Court

1839 (3)

April (3)

Ca. 10 April 1839

Indictment, Honey Creek Township, Daviess Co., MO

  • Ca. 10 Apr. 1839; private possession; photocopy in Max H Parkin, Collected Missouri Court Documents, CHL; handwriting of James A. Clark; docket and notations 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 James A. Clark; 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,” 3, 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. 67, Daviess County Courthouse, Gallatin, MO; handwriting of Robert Wilson.
  • 26 June 1839; in “Copy of Record,” 5, 11, document destroyed; photocopy at State Historical Society of Missouri, Columbia; handwriting of Robert Wilson.
 
State of Missouri v. JS for Receiving Stolen Goods, 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 James A. Clark; 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,” 3, 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,” 5, 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.
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page

Document Information

Related Case Documents
Editorial Title
Introduction to State of Missouri v. Worthington et al. for Larceny and State of Missouri v. JS for Receiving Stolen Goods
ID #
18693
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny]; Indictment, ca. 10 Apr. 1839 [State of Missouri v. JS for Receiving Stolen Goods].

    2. [2]

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

    3. [3]

      Corrill, History, manuscript, 67–68.

    4. [4]

      Phelps, Reminiscences, 9–10; Oliver Huntington, “History of Oliver Boardman Huntington,” 21–22; George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100], 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. 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.

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

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

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

    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; 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; 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], pp. [1]–[2], [34], [61], [70], [100]; Agreement with Amos Rees and Alexander Doniphan, 28 Nov. 1838.

    9. [9]

      See, for example, George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100]; Joseph McGee, Testimony, Richmond, MO, Nov. 1838, p. [103]; and Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [112], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    10. [10]

      An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 177, art. 3, sec. 30.

      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.

    11. [11]

      George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100]; 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]. George Worthington apparently was not related to James Worthington, one of the men later named in the indictment.

    12. [12]

      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.

    13. [13]

      King named the following prisoners: Samuel Bent, Daniel Carn, Jonathan Dunham, Jacob Gates, George D. Grant, Clark Hallett, James Henderson, Francis M. Higbee, John S. 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. (Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason], pp. [125]–[126]; Indictment, ca. 10 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny].) For more information on the November 1838 hearing, see Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

    14. [14]

      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.

    15. [15]

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

    16. [16]

      Daviess Co., MO, Circuit Court Record, Apr. 1839, vol. A, 39, 41, Daviess County Courthouse, Gallatin, MO. 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], p. 34, sec. 3; Bay, Bench and Bar of Missouri, 487.)

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

    17. [17]

      Burnett, Recollections and Opinions, 65.

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

    18. [18]

      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; see also An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 479–480, art. 3, secs. 2, 7–8; and “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. . . . St. Louis: Argus Office, 1835.

      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.

    19. [19]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny]. Missouri law differentiated between grand larceny, which was defined as stealing and carrying away goods valued at ten dollars or more, and petty larceny, for goods valued less than ten dollars. Conviction of grand larceny was punishable with imprisonment in the state penitentiary for up to five years, while petty larceny carried a penalty of imprisonment in a county jail for up to one year, or by a fine up to one hundred dollars, or both. (An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 177–178, art. 3, secs. 30–32.)

      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.

    20. [20]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny].

    21. [21]

      Several witnesses at the November 1838 hearing affirmed that JS remained in Adam-ondi-Ahman to direct the Latter-day Saints’ military operations in Daviess County. (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].)

    22. [22]

      JS, Journal, 1–2 Oct. 1838; Patrick Lynch, Testimony, Richmond, MO, Nov. 1838, p. [112], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason].

    23. [23]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny]; “Grand Jury,” in Bouvier, Law Dictionary, 1:448.

      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. JS for Receiving Stolen Goods]. According to Missouri law, every person convicted of receiving or buying stolen goods would “be punished in the same manner, and to the same extent, as for the felonious stealing the money, property or other thing so bought or received.” (An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 180, art. 3, sec. 44.)

      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.

    25. [25]

      George Worthington, Testimony, Richmond, MO, Nov. 1838, p. [100], in Minutes and Testimonies, 12–29 Nov. 1838 [State of Missouri v. Gates et al. for Treason]; Indictment, ca. 10 Apr. 1839 [State of Missouri v. JS for Receiving Stolen Goods].

    26. [26]

      Indictment, ca. 10 Apr. 1839 [State of Missouri v. JS for Receiving Stolen Goods]; “Grand Jury,” in Bouvier, Law Dictionary, 1:448.

      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.

    27. [27]

      Docket Entry, Indictment, 11 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny]; Docket Entry, Indictment, 11 Apr. 1839 [State of Missouri v. JS for Receiving Stolen Goods].

    28. [28]

      Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. Worthington et al. for Larceny]; Docket Entry, Removal Orders, 11 Apr. 1839 [State of Missouri v. JS for Receiving Stolen Goods]; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, MSA; Introduction to State of Missouri v. Gates et al. for Arson.

      Mormon War Papers, 1838–1841. MSA.

    29. [29]

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

    30. [30]

      Indictment, ca. 10 Apr. 1839, Copy [State of Missouri v. Worthington et al. for Larceny]; Docket Entry, Indictment, 11 Apr. 1839, Copy [State of Missouri v. Worthington et al. for Larceny]; Docket Entry, Removal Orders, 11 Apr. 1839, Copy [State of Missouri v. Worthington et al. for Larceny]; Indictment, ca. 10 Apr. 1839, Copy [State of Missouri v. JS for Receiving Stolen Goods]; Docket Entry, Indictment, 11 Apr. 1839, Copy [State of Missouri v. JS for Receiving Stolen Goods]; Docket Entry, Removal Orders, 11 Apr. 1839, Copy [State of Missouri v. JS for Receiving Stolen Goods].

    31. [31]

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

    32. [32]

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

    33. [33]

      Daviess Co., MO, Circuit Court Record, Aug. 1839, vol. A, 128–135, 149–152, Daviess County Courthouse, Gallatin, MO.

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

    34. [34]

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

      U.S. and Canada Record Collection. FHL.

    © 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06