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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]

Mittimus, 29 November 1838 [State of Missouri v. Gates et al. for Treason]

Source Note

Austin A. King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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,
Mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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, [
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, to
Clay Co.

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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Jailer [Samuel Hadley], 29 Nov. 1838, State of MO v. Gates et al. for Treason (Fifth Judicial Circuit of MO 1838). Copied [ca. May 1839]; handwriting of
Levi Richards

14 Apr. 1799–18 June 1876. Teacher, mechanic, inventor, physician. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Baptized into Church of Jesus Christ of Latter-day Saints, 31 Dec. 1836, in Kirtland, Geauga Co., Ohio...

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; two pages; JS Collection, CHL. Includes dockets.

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.
Mittimus, 29 November 1838 [ State of Missouri v. Gates et al. for Treason ]
Letterbook 2

Page [1]

State of Missouri
Ray County

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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To the keeper of the Jail of
Clay County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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greeting, whereas Joseph Smith Jr.
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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Lyman Wight

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

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Alexander McRay [McRae]

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

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and
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

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; as also
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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have been brought before me
Austin A. King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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Judge of the fifth Judicial Circuit in the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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and charged with the offence of treason against the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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and the said defendants on their examination before me being held to answer further to said charge the said Joseph Smith Jun.
Hyram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
Lyman Wight

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

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Alexander McRay

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

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and
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

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to answer in the County of
Davies

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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and the said
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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to answer further in the County of
Caldwell

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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for said charge of treason and there being no Jail in said Counties These are therefore to command that you receive the said Joseph Smith Jun.
Hyram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
Lyman Wight

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

View Full Bio
Alexander McRay

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

View Full Bio
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

View Full Bio
and
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
into your custody in the Jail of said County of
Clay

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
there to remain until they be delivered therefrom by due course of law Given under my hand & Seal the 29th day of November 1838
Austin A. King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

View Full Bio
State of Missouri) ect [scilicet]
County of
Clay

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
)
I Samuel Hadly Sheriff of
Clay County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
do hereby certify that the above is a true Copy of the
Mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

View Glossary
to me directed in the cases therein named
Samuel Hadley Jailor by Saml Tillevy Deputy Jailor
Clay County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
Mo. [p. [1]]
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Related Case Documents
Editorial Title
Mittimus, 29 November 1838 [State of Missouri v. Gates et al. for Treason]
ID #
1882
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Levi Richards

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