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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 [51]

should support the presidency in all their designs right or rong.— that whatever they said was to be obeyed, and whoever opposed the presidency in what they said or <​desired​> done, should be expeled the
county

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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, or have their lives taken. The three composing the presidency was at one of those meetings, and to satisfy the people <​
Dr [Sampson] Avard

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

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called on​> <​Jos Smith Jr who​> they gave them a pledges that if they led them into a difficulty, he would give them his head for a foot ball— and that it was the will of God these things should be so. The teacher, and and active— agent of the Society was
Dr Avard

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

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, and his teachings were approved of by the presidecy.
Dr Avard

23 Oct. 1800–15 Apr. 1869. Physician. Born at St. Peter, Isle of Guernsey, Channel Islands, Great Britain. Migrated to U.S., by 1830. Married Eliza, a native of Virginia. Located at Washington DC, 1830. Moved to Virginia, by 1831. Moved to Freedom, Beaver...

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further taught as a part of their obligation, that if any one betrayed the secret designs of the society, they should be killed and <​laid aside &​> nothing said about it: I heard
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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s sermon, commonly called the salt sermon, and its purport & design was about as other witnesses have stated <​them​> before me— When process was filed against Jos Smith Jr and others, before me in my office as clerk 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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circuit court: for trespass, Jos Smith Jr told me not to issue that writ. that he did not intend to submit <​to​> it; that it was a vexatious thing & I had a right to Judge of it— and that he would me see me out in it.
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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<​who was not a defendant in that suit​> also joined him in this promise <​if​> I would not issue it. <​this was​>— Previous to the last term of the circuit, and <​court I​> know of
Calwell

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.” ...

More Info
. I considered myself not as proper judge, as to whether it was a vexatious suit or not. Jos Smith Jr, said it was a vexatious thing, & that he would not suffer it to be issued— and I felt myself intimidated and [p. [51]]
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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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