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Introduction to State of Missouri v. Gates et al. for Treason Subpoena, 10 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 11 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 15 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 21 November 1838 [State of Missouri v. Gates et al. for Treason] Order of Discharge, 24 November 1838 [State of Missouri v. Gates et al. for Treason] Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason] Ruling, 29 November 1838 [State of Missouri v. Gates et al. for Treason] Mittimus, 29 November 1838 [State of Missouri v. Gates et al. for Treason] Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Motion, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Recognizance, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Order of Commitment, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Costs, 15 April 1840 [State of Missouri v. Gates et al. for Treason] Docket Entry, Costs, 17 December 1840 [State of Missouri v. Gates et al. for Treason] Indictment, circa 10 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Motion, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 4 November 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Gates et al. for Treason]

Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason]

Source Note

Minutes and Testimonies,
Richmond

Area settled, ca. 1814. Officially platted as Ray Co. seat, 1827. Population in 1840 about 500. Seat of Fifth Judicial Circuit Court of Missouri; also location of courthouse and jails. JS and about sixty other Latter-day Saint men were incarcerated here while...

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, Ray Co., MO, 12–29 Nov. 1838, State of MO v. Gates et al. for Treason (Fifth Judicial Circuit of MO 1838); unidentified handwriting; 126 pages; Eugene Morrow Violette Collection, State Historical Society of Missouri, Columbia.

Historical Introduction

See Introduction to State of Missouri v. Gates et al. for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Appendix 2: Constitution of the Society of the Daughter of Zion, circa Late June 1838 *Appendix 1: Letter to Oliver Cowdery and Others, circa 17 June 1838

Page [27]

Morris Phelps <​Capt
Saml Bogart

2 Apr. 1797–11 Mar. 1861. Preacher, military officer, farmer. Born in Carter Co., Tennessee. Son of Cornelius Bogart and Elizabeth Moffett. Served in War of 1812. Married Rachel Hammer, 19 May 1818, in Washington Co., Tennessee. Moved to Illinois and became...

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​> a witness produced, sworn and examined for the state, deposeth & saith:
That on the evening of the 24th Oct, <​last​> while ranging under the order of
Gen [David R.] Atchison

11 Aug. 1807–26 Jan. 1886. Lawyer, judge, agriculturist, politician, farmer. Born at Frogtown, near Lexington, Fayette Co., Kentucky. Son of William Atchison and Catherine Allen. About 1830, moved to Liberty, Clay Co., Missouri, where he became a prominent...

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above inserted. I met with several mormons & read to them it to them, supposing they would inform the mormons of
Cal[d]well

Located in northwest Missouri. Settled by whites, by 1831. Described as being “one-third timber and two-thirds prairie” in 1836. Created specifically for Latter-day Saints by Missouri state legislature, 29 Dec. 1836, in attempt to solve “Mormon problem.” ...

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<​the character of my company​>. the <​We​> had been informed on that evening by citizens of
Ray

Located in northwestern Missouri. Area settled, 1815. Created from Howard Co., 1820. Initially included all state land north of Missouri River and west of Grand River. Population in 1830 about 2,700; in 1836 about 6,600; and in 1840 about 6,600. Latter-day...

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that we would be <​were in danger of being​> attacked by the mormons that night, whereupon I fell back to an encampment on
Crooked river

Located in northwest Missouri. Rises in Clinton Co. and flows about sixty miles southeast through Caldwell and Ray counties; drains into Missouri River. Saints settled mainly on northwestern and southeastern sections of river, by 1835; main settlement also...

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in
Ray cty

Located in northwestern Missouri. Area settled, 1815. Created from Howard Co., 1820. Initially included all state land north of Missouri River and west of Grand River. Population in 1830 about 2,700; in 1836 about 6,600; and in 1840 about 6,600. Latter-day...

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, on the next morning near day break my picket guard gave information that they were coming and in a few moments I saw the mormon forces approaching forming <​forming​> and a few guns were fired out of the brush by the mormons, when the fight commenced. the left wing of the mormon forces being within about 30 steps of my right— I and in number were about 150. or 200. as I supposed and further this
deponent

2 Apr. 1797–11 Mar. 1861. Preacher, military officer, farmer. Born in Carter Co., Tennessee. Son of Cornelius Bogart and Elizabeth Moffett. Served in War of 1812. Married Rachel Hammer, 19 May 1818, in Washington Co., Tennessee. Moved to Illinois and became...

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saith not.
Saml. Bogart

2 Apr. 1797–11 Mar. 1861. Preacher, military officer, farmer. Born in Carter Co., Tennessee. Son of Cornelius Bogart and Elizabeth Moffett. Served in War of 1812. Married Rachel Hammer, 19 May 1818, in Washington Co., Tennessee. Moved to Illinois and became...

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[5 lines blank]
Maurice [Morris] Phelps a witness produced, sworn and examined for the state deposeth & saith,
That
Parley, P. Pratt

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

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, <​was in the battle with
[Samuel] Bogart

2 Apr. 1797–11 Mar. 1861. Preacher, military officer, farmer. Born in Carter Co., Tennessee. Son of Cornelius Bogart and Elizabeth Moffett. Served in War of 1812. Married Rachel Hammer, 19 May 1818, in Washington Co., Tennessee. Moved to Illinois and became...

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​>
Darwin Chase

25 Feb. 1816–4 Feb. 1863. Miner, town officer, military officer. Born in Ellisburg, Jefferson Co., New York. Son of Stephen Chase and Orryanna Rowe. Baptized into Church of Jesus Christ of Latter-day Saints, 1831. Moved to Jackson Co., Missouri. Moved to ...

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was one of the expedition, but was not in the battle, thinks
Luman Gibbs

14 Mar. 1788–11 Jan 1873. Basket maker. Born in Vermont. Married Philena, 1 Jan. 1810, at Ferrisburgh, Addison Co., Vermont. Served in War of 1812. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained a priest by Oliver Cowdery, 25 Oct. 1831...

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was in the battle, thinks
Francis Higby [Francis M. Higbee]

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

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was in the battle. thinks Benj Jones was in the battle, thinks Norman Shearer was also & wounded [p. [27]]
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Page [27]

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Related Case Documents
Editorial Title
Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason]
ID #
4732
Total Pages
127
Print Volume Location
Handwriting on This Page
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