Transcript of Proceedings, Murder, 18 July 1839 [Extradition of JS et al. for Treason and Other Crimes]
Source Note
Transcript of Proceedings, Murder, Columbia, Boone Co., MO, 18 July 1839, Extradition of JS et al. for Treason and Other Crimes (State of MO, Office of the Governor 1841); handwriting of and unidentified scribe; certified by , 18 July 1839; docket by , [Columbia], Boone Co., MO, [18 July 1839]; thirty seven pages; Joseph Smith Extradition Records, Abraham Lincoln Presidential Library, Springfield, Illinois. Includes seal.
9. And the jurors aforesaid upon their oaths aforesaid do further present That the said and Maurice Phelps late of said County of . together with a certain other person to the jurors aforesaid as yet unknown) not having the fear of God before their eyes but being moved and seduced by the instigation of the devil in the said twenty fifth day of October in the year of our Lord Eighteen hundred and thirty [eight] with force and arms at the county of aforesaid in and upon one Moses Rowland in the peace of the state, of there and then being felonously Wilfully and of their malice aforethought did make one other assault and that the said persons to the jurors as yet unknown), with a certain gun of the value of Ten dollars there and then charged with Gunpowder and one leaden Bullet, which gun the said person to the jurors aforesaid as yet unknown— in both his hands there and then had and held in and upon the the aforesaid Moses Rowland there and then feloniously voluntarily wilfully and of his malice aforethought did shoot off and discharge and the aforesaid person so as aforesaid to the said Jurors as yet unknown with the leaden bullet last aforesaid— then and their <there> sent out the aforesaid Moses Rowland then and feloniously struck giving to the said Moses Rowland then and there with the leaden bullet as last aforesaid on the left side of the belly of him the said Moses Rowland one mortal wound of the breadth of half an inch and extending entirely through the body of him the said Moses Rowland of which last mentioned mortal wound the aforesaid Moses Rowland at the county of aforesaid instantly died and that the said , and Maurice Phelps, feloniously Wilfully and of their malice aforethought were then and there present aiding helping abetting comforting maintaining and assisting the said person so to the jurors aforesaid as yet unknown in the felony and murder <last aforesaid> in manner and form aforesaid to do and commit and so the jurors aforesaid do say that the said person so to the jurors aforesaid as yet unknown on the said and Maurice Phelps in manner and form last aforesaid the said Moses Rowland at [p. 13]