Petition to George O. Tompkins, between 9 and 15 March 1839, Copy [State of Missouri v. Gates et al. for Treason]
Source Note
, , , , and JS, Petition, , Clay Co., MO, to , [, Cole Co., MO], between 9 and 15 Mar. 1839. Version copied [between late Apr. and early June 1839]; handwriting of ; six pages; JS Collection, CHL.
Some of them have acknowledged since, which your Petitioners do testify, and are able to prove, that they did swear false, and that they did it in Order to save their Lives, and yr. Petitioners testify that all the Testimony that had any tendency or bearing of criminality against said Joseph Smith Junr. is false, we are personally acquainted with the Circumstances, and being with him most of the time, and being present at the times spoken of by them, therefore we know that their Testimony was false, and if he could have had a fair and impartial and lawful examination before that Court, and could have been allowed the priviledge of introducing his Witnesses, he could have disproved every thing that was against him, but the Court, suffered them to be intimidated, some of them in the presence of the Court, and they were driven also, and hunted, and some of them entirely driven out of the , and thus he was not able to have a fair Trial, that the Spirit of the Court was tyranical and overbearing, and the whole transaction of his treatment, during the examination was calculated to convince your Petitioners that it was a religious persecution, proscribing him in the liberty of Conscience, which is guaranteed to him by the Constitution of the , and the State of , that a long Catalogue of garbled Testimony was permitted by the Court, purporting to be the religious Sentiment, of the said Joseph Smith Junr., which Testimony was false, and yr. Petitioners know that it was false, and can prove also that it was false, because the Witneses testified that those sentiments were promulged on certain Days, and in the presence of large Congregations, and yr. Petitioners can prove by those Congregations that the said Joseph Smith Junr. did not promulge such ridiculous and absurd sentiments for his Religion, as was testified of, and admitted before the honorable , and at the same time those things had no bearing on the Case, that the said Joseph Smith Junr. was pretended to be charged with, and after the examination the said Prisoner was committed to the Jail for Treason against the State of , whereas the said Joseph Smith Junr. did not levy War against the State of , neither did he commit [p. [2]]