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Introduction to State of Missouri v. JS et al. for Riot Complaint, 10 August 1838 [State of Missouri v. JS et al. for Riot] Warrant, 10 August 1838 [State of Missouri v. JS et al. for Riot] Subpoena, 6 September 1838 [State of Missouri v. JS et al. for Riot] Recognizance, 7 September 1838 [State of Missouri v. JS et al. for Riot] Complaint, 28 August 1838 [State of Missouri v. JS et al. for Riot] Complaint, 12 September 1838 [State of Missouri v. JS et al. for Riot] Warrant, 12 September 1838 [State of Missouri v. JS et al. for Riot] Recognizance, 18 September 1838 [State of Missouri v. JS et al. for Riot] Transcript of Proceedings, circa 18 September 1838 [State of Missouri v. JS et al. for Riot] Indictment, circa 10 April 1839 [State of Missouri v. JS et al. for Riot] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. JS et al. for Riot] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. JS et al. for Riot] Capias, 30 May 1839 [State of Missouri v. JS et al. for Riot] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. JS et al. for Riot] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. JS et al. for Riot] Docket Entry, Costs, 15 April 1840 [State of Missouri v. JS et al. for Riot] Indictment, circa 10 April 1839, Copy [State of Missouri v. JS et al. for Riot] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. JS et al. for Riot] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. JS et al. for Riot] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. JS et al. for Riot]

Transcript of Proceedings, circa 18 September 1838 [State of Missouri v. JS et al. for Riot]

Source Note

Transcript of Proceedings,
Daviess Co.

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...

More Info
, MO, ca. 18 Sept. 1838, State of MO v. JS et al. for Riot (Daviess Co., MO, Justice of the Peace Court 1838). Published [ca. Apr. 1841] in Document Containing the Correspondence, Orders, &c., in Relation to the Disturbances with the Mormons; and the Evidence Given before the Hon. Austin A. King, Judge of the Fifth Judicial Circuit of the State of Missouri, at the Court-House in Richmond, in a Criminal Court of Inquiry, Begun November 12, 1838, on the Trial of Joseph Smith, Jr., and Others, for High Treason and Other Crimes against the State. Fayette, MO: Boon’s Lick Democrat, 1841; 159–163.

Historical Introduction

See Introduction to State of Missouri v. JS et al. for Riot.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Complaint, 28 August 1838 [ State of Missouri v. JS et al. for Riot ] Transcript of Proceedings, circa 18 September 1838 [ State of Missouri v. JS et al. for Riot ]

Page 161

About this time a writing was drawn from some of their pockets, and some of them remarked it was not worth while to be losing time, about it, and handed it to
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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, who refused to take it, saying he would not sign their obligation, but then said he would take it and read it, if it would be any satisfaction to them, and took it and went into the house and handed it to
Mr. [Alanson] Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

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, who read it over, and
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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said he could not sign any such obligation. Some words then passed, not recollected at this time, and they left the
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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’s house, saying they were going to see
Captain Bowman

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,
Col. [William] Peniston

Ca. 1811–10 Nov. 1850. Sheriff, military colonel, clerk, hotelier. Born at Jessamine Co., Kentucky. Son of Robert Peniston and Nancy Nuttle. Moved to Ray Co., Missouri, ca. 1831. A founder of Millport, in what became Daviess Co., Missouri, where family built...

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, and others, and that they should sign that obligation. When they got on their horses,
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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said, gentlemen, I don’t want you to go off and say that I refused to issue you civil process.
Cornelius [P.] Lott

27 Sept. 1798–6 July 1850. Farmer. Born in New York City. Son of Peter Lott and Mary Jane Smiley. Married Permelia Darrow, 27 Apr. 1823, in Bridgewater Township, Susquehanna Co., Pennsylvania. Lived in Bridgewater Township, 1830. Baptized into Church of Jesus...

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turned on his horse, and one or two of the others saying, “You black son of a bitch, don’t you impeach us with lying.”
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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replied he was not impeaching them with lying, but only requesting them not to lie. He replied, “you mob, you black son of a bitch, shut your head, or I’ll cut it off, or take your head.”
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
then told them to put off, that he did not believe in being iusulted [insulted] in his own house in that manner, and they went off muttering something that
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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did not understand. They said the cause of their coming was that they had heard that two or three of their men had been killed at the election, and that they had heard that a mob of about 30 men were to be at
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
’s house that day.
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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replied to
Mr. 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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, that he knew better, that he was at the election himself late in the evening after the affray was over.
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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asked him who told him there was to be a mob at his house, and he replied he did not know, but it was a respectable man. They remained absent about half an hour, and returned with about 154 men, from the best information
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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could obtain, and approached
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
’s house, and surrounded it, and blocked up his doors. A
Mr. [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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, who came in foremost, asked if
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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was at home.
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

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replied he was.
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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then stepped obliquely to
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
, drew a piece of paper out of his pocket, and said, we have come to be plain with you, the only alternative is for you to sign this obligation; and
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
refused to do it. He then said if
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
refused to do it, he would cut him down, or shoot him down.
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
told him it was an unlawful and unjust request. He then said, we believe, from words that have dropped from your lips heretofore, that you are in a mob against us. At that time,
Mr. 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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or
Mr. 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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, or some other one asked him, if he knew Mr. Smith? He replied that he did not, but would like to know the gentlemen, and if he was there he would like to see him. Smith was then introduced to him. He said to him, Smith, that he would like for him to take a seat and have a conversation with him, he would like to know his object in surrounding his house with an armed force of men in that manner. Smith said they had come merely for the purpose of getting
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
to sign an obligation, and a considerable argument ensued between them about the propriety of
witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
signing the obligation.
Witness

11 Sept. 1801–14 July 1890. Farmer, sheriff, justice of the peace, judge. Born at Henderson Co., Kentucky. Son of William Black and Jane Wilson. Moved near Booneville, Copper Co., Missouri Territory, and then to Ray Co., Missouri Territory, 1819. Elected ...

View Full Bio
told him he could sign no such obligation, that it was an unjust and unlawful act of theirs to attempt to com [p. 161]
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Page 161

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Related Case Documents
Editorial Title
Transcript of Proceedings, circa 18 September 1838 [State of Missouri v. JS et al. for Riot]
ID #
11875
Total Pages
5
Print Volume Location
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