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Introduction to Extradition of JS for Treason Indictment, circa 5 June 1843 [Extradition of JS for Treason] Docket Entry, Indictment, 6 June 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Account, circa 23–circa 30 June 1843 [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843, Copy [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [Extradition of JS for Treason] Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason] Receipt to James Campbell, 1 July 1843 [Extradition of JS for Treason] Certification, 3 July 1843–A [Extradition of JS for Treason] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]

Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]

Installment 1, 12 July 1843 Page 1 Installment 2, 19 July 1843 Page 1 Installment 3,26 July 1843 Page 1

Source Note

Trial Report,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Hancock Co., IL, [8–26 July 1843], Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843); “Municipal Court of the City of Nauvoo, Illinois” and “Trial of Joseph Smith,” Nauvoo Neighbor, 12 July 1843, [1]–[2]; 19 July 1843, [1]; 26 July 1843, [1]–[3].

Historical Introduction

See Introduction to Extradition of JS for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Hyrum Smith, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [ Extradition of JS for Treason ] Habeas Corpus, 30 June 1843, Copy [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [ Extradition of JS for Treason ] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [ Extradition of JS for Treason ] Warrant, 17 June 1843, Unidentified Scribe Copy–B [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [ Extradition of JS for Treason ] Trial Report, 8–26 July 1843, as Published in Evidence [ Extradition of JS for Treason ] Trial Report, 8–26 July 1843, as Published in Times and Seasons [ Extradition of JS for Treason ]

Page [3]

ting farms, that they had set fire to a wagon loaded with goods and they were all consumed; that they had also set fire to a house, and when he left, it was burning down. Such was the situation of affairs at
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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at that time, that
Captain Killian

25 Apr. 1796–10 Nov. 1858. Born in Lincoln Co., North Carolina. Son of Phillip Killian and Mary Hockins. Moved to Missouri. Married first Lydia Ann Hopper Conley, 25 Aug. 1818, in Howard Co., Missouri. Moved to Lexington, Lillard Co., Missouri, 1818. Moved...

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could not spare any of his forces, as an attack was hourly expected at
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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. The messenger went off, and I heard no more about it, till some time the night following, when I was awakened from sleep by the voice of some man apparently giving command to a military body, being somewhat unwell, I did not get up. Some time after I got up in the morning, the
sheriff

16 May 1801–26 Nov. 1873. Sheriff, farmer, teacher. Born in Hartford, Windsor Co., Vermont. Son of Paul Pitkin and Abigail Lothrop. Moved to Hiram, Portage Co., Ohio, by 1820. Sheriff of Portage Co. Married first Amanda Egglestone, 8 Feb. 1829, in Portage...

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of 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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stopped at the door, and said that
David [W.] Patten

14 Nov. 1799–25 Oct. 1838. Farmer. Born in Vermont. Son of Benoni Patten and Edith Cole. Moved to Theresa, Oneida Co., New York, as a young child. Moved to Dundee, Monroe Co., Michigan Territory, as a youth. Married Phoebe Ann Babcock, 1828, in Dundee. Affiliated...

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, had had a battle with the mob last night at
crooked river

Located in northwest Missouri. Rises in Clinton Co. and flows about sixty miles southeast through Caldwell and Ray counties; drains into Missouri River. Saints settled mainly on northwestern and southeastern sections of river, by 1835; main settlement also...

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, and that several were killed and a number wounded; that
Patten

14 Nov. 1799–25 Oct. 1838. Farmer. Born in Vermont. Son of Benoni Patten and Edith Cole. Moved to Theresa, Oneida Co., New York, as a young child. Moved to Dundee, Monroe Co., Michigan Territory, as a youth. Married Phoebe Ann Babcock, 1828, in Dundee. Affiliated...

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was among the number of the wounded, and his wound supposed to be mortal. After I had taken breakfast another gentleman called, giving me the same account, and asked me if I would not take my horse and ride out with him and see what was done. I agreed to do so, and we started, and after going some three or four miles, met a company coming into
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, we turned and went back with them.
This mob proved to be that, headed by the Reverend
Samuel Bogard [Bogart]

2 Apr. 1797–11 Mar. 1861. Preacher, military officer, farmer. Born in Carter Co., Tennessee. Son of Cornelius Bogart and Elizabeth Moffett. Served in War of 1812. Married Rachel Hammer, 19 May 1818, in Washington Co., Tennessee. Moved to Illinois and became...

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, a methodist preacher, and the battle was called the Bogard Battle. After this battle there was a short season of quiet, the mobs disappeared, and the militia returned to
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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; though they were not discharged, but remained under orders until it should be known how the matter would turn. In the space of a few days, it was said that a large body of armed men were entering the south part of
Caldwell 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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. The county court ordered the military to go and enquire what was their object, in thus coming into 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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without permission. The military started as commaded, and little or no information was received at
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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about their movements until late the nex afternoon, when a large army was descried making their way towards
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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.
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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being an elevated situation, the army was discovered while a number of miles from the place. Their object was entirely unknown to the citizens as far as I had any knowledge on the sub[j]ect; and every man I heard speak of their object, expressed as great ignorance as myself.— They reached a small stream on the east side of the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, which was studded with timber on its banks and for perhaps from half a mile to a mile on the east side of the stream, an hour before sundown. There the main body halted, and soon after a detachment under the command of
Brigadier General Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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, marched towards the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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in line of battle. This body was preceded, probably three fourths of a mile in advance of them, by a man carrying a white flag, who approached within a few rods of the eastern boundary of the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, and demanded three persons, who were in the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, to be sent to their camp, after which the whole
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, he said, would be massacred. When the persons who were inquired for, were informed, they refused to go, determined to share the common fate of the citizens. One of those persons did not belong to the “Church of Latter Day Saints.” His name is
Adam Lightner [Jr.]

14 Apr. 1810–19 Aug. 1885. Carpenter, merchant, hotelier, farmer. Born at Lancaster, Lancaster Co., Pennsylvania. Son of Adam Lightner and Mary Trout. Married Mary Elizabeth Rollins, 11 Aug. 1835, at Liberty, Clay Co., Missouri. Never member of Church of ...

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, a merchant in that
city

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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.
The white flag returned to the camp. To the force of
General Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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, was the small force 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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militia, under
Colonel Hinkle

13 Nov. 1801–Nov. 1861. Merchant, physician, publisher, minister, farmer. Born in Jefferson Co., Kentucky. Son of Michael Hinkle and Nancy Higgins. Married first Sarah Ann Starkey. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to ...

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, opposed. Who also marched in line of battle to the eastern line of the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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. The whole force of
Colonel Hinkle

13 Nov. 1801–Nov. 1861. Merchant, physician, publisher, minister, farmer. Born in Jefferson Co., Kentucky. Son of Michael Hinkle and Nancy Higgins. Married first Sarah Ann Starkey. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to ...

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did not exceed three hundred men—that of
Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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, perhaps three times that number. I was no way connected with the militia, being over age, neither was Joseph Smith Senior. I went into the line formed by
Colonel Hinkle

13 Nov. 1801–Nov. 1861. Merchant, physician, publisher, minister, farmer. Born in Jefferson Co., Kentucky. Son of Michael Hinkle and Nancy Higgins. Married first Sarah Ann Starkey. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to ...

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though unarmed, and stood among the rest to await the result, and had a full view of both forces, and stood there. The armies were within rifle shot of each other. About the setting of the sun
Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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ordered his army to return to the camp at the Creek: they wheeled and marched off. After they had retired, it was consulted what was best to do—by what authority the army was there no one could tell, as far as I knew—it was agreed to build through the night a sort of fortification, and if we must fight, sell our lives as dear as we could, accordingly all hands went to work, rails, house-logs, and waggons, were all put in requisition, and the east line of the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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as well secured as could be done by the men and means, and the short time allowed; expecting an attack in the morning. The morning at length came and that day passed away and still nothing done; but plundering the cornfields, shooting cattle and hogs, stealing horses and robbing houses, and carrying off potatoes, turnips, and all such things as the army of
General [Samuel D.] Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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could get, for such in the event they proved to be. The main body being commanded, by
Samuel D. Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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, a Deacon in the Presbyterian church. The next came and then it was ascertained that they were there by order of the
Governor

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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.
A demand was made for Joseph Smith Senior,
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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,
George W. Robinson

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

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,
Parley P. Pratt

12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....

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, and myself, to go into their camp with this demand we instantly complied and accordingly started to their camp. When we came in sight of their camp the whole army was on parade, marching toward the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, we approached and met them, and were informed by
Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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that we were prisoners of war. A scene followed that would defy any mortal to describe, a howling was set up, that would put any thing I ever heard before or since at defiance, I thought at the time it had no parallel except it might be in the perdition of ungodly men. They had a cannon. I could distinctly hear the guns as the locks were sprung, which appeared from the sound to be in every part of the army.
General Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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came riding up where we were, and swore by his maker that he would hew the first man down that cocked a gun, one or two other officers on horseback also rode up, ordering those who had cocked their guns to uncock them or they would be hewed down with their swords, we were conducted into their camp and made to lay on the ground through the night.
This was late in October—we were kept here for two days and two nights. It commenced raining and snowing until we were completely drenched and being compelled to lay on the ground which had became very wet and the water was running round us and under us—what consultation the officers and others had in relation to the disposition which was to be made of us. I am entirely indebted to the report made to me by
General Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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as none of us were put on any trial.
General Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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gave an account of which the following is the substance, as far as my memory serves me: “That they held a Court Martial and sentenced us to be shot at 8 o’clock the next morning after the Court Martial was holden, in the public square in the presence of our families—that this Court Martial was composed of seventeen preachers and some of the principal officers of the army—
Samuel D. Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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presided—
Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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arose and said “that neither himself nor his brigade should have any hand in the shooting, that it was nothing short of cold blooded murder and left the Court Martial and ordered his brigade to prepare and march off the ground.”
This was probably the reason why they did not carry the decision of the Court Martial into effect. It was finally agreed that we should be carried into
Jackson county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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, accordingly on the third day after our arrest the army was all paraded, we were put into waggons and taken into the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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—our families having heard that we were to be brought into town that morning to be shot. When we arrived a scene ensued such as might be expected, under the circumstances. I was permitted to go alone with my family into the house, there I found my family so completely plundered of all kinds of food that they had nothing to eat but parched corn which they ground with a hand mill, and thus were they sustaining life. I soon pacified my family and allayed their feelings by assuring them that the ruffians dared not kill me. I gave them strong assurances that they dared not do it, and that I would return to them again. After this interview I took my leave of them, and returned to the waggon got in and we were all started off for
Jackson county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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. Before we reached the
Missouri river

One of longest rivers in North America, in excess of 3,000 miles. From headwaters in Montana to confluence with Mississippi River near St. Louis, Missouri River drains 580,000 square miles (about one-sixth of continental U.S.). Explored by Lewis and Clark...

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a man came riding along the line apparently in great haste. I did not know his business. When we got to the
river

One of longest rivers in North America, in excess of 3,000 miles. From headwaters in Montana to confluence with Mississippi River near St. Louis, Missouri River drains 580,000 square miles (about one-sixth of continental U.S.). Explored by Lewis and Clark...

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Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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came to me and told me that he wanted us to hurry, as
Jacob Stollings

22 Oct. 1804–14 May 1853. Boardinghouse owner, farmer. Born in Pennsylvania. Son of Jacob Stollings and Sarah Ann Cooper. Married Jinsey Estes, 28 Mar. 1830, in Clay Co., Missouri. Moved to Daviess Co., Missouri, by 1837. Built first house in Gallatin, Daviess...

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had arrived from
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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with a message from Gen.
John C. Clark [John B. Clark]

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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ordering him to return with us to
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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as he was there with a large army, he said he would not comply with the demand, but did not know but
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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might send an army to take us by force. We were hurried over the
river

One of longest rivers in North America, in excess of 3,000 miles. From headwaters in Montana to confluence with Mississippi River near St. Louis, Missouri River drains 580,000 square miles (about one-sixth of continental U.S.). Explored by Lewis and Clark...

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as fast as possible with as many of
Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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’ army as could be sent over at one time and sent hastily on, and thus we were taken to
Independence

Located twelve miles from western Missouri border. Permanently settled, platted, and designated county seat, 1827. Hub for steamboat travel on Missouri River. Point of departure for Santa Fe Trail. Population in 1831 about 300. Latter-day Saint population...

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the Shire town of
Jackson county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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, and put into an old house and a strong guard placed over us. In a day or two they relaxed their severity, we were taken to the best tavern in
town

Located twelve miles from western Missouri border. Permanently settled, platted, and designated county seat, 1827. Hub for steamboat travel on Missouri River. Point of departure for Santa Fe Trail. Population in 1831 about 300. Latter-day Saint population...

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and there boarded, and treated with kindness—we were permitted to go and come at our pleasure without any guard. After some days Colonel
Sterling G. Price

Ca. Sept. 1809–29 Sept. 1867. Farmer, merchant, military officer. Born near Farmville, Prince Edward Co., Virginia. Son of Pugh Williamson Price and Elizabeth Marshall Williamson. Moved to Missouri, 1831. Married Martha Head, 14 May 1833, in Randolph Co.,...

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arrived from
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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’s army with a demand to have us taken to
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 county. It was difficult to get a guard to go with us, indeed, we solicited them to send one with us, and finally got a few men to go and we started; after we had crossed the
Missouri

One of longest rivers in North America, in excess of 3,000 miles. From headwaters in Montana to confluence with Mississippi River near St. Louis, Missouri River drains 580,000 square miles (about one-sixth of continental U.S.). Explored by Lewis and Clark...

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, on our way to
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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, we met a number of very rough looking fellows, and as rough acting as they were looking, they threatened our lives.— We solicited our guard to send to
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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for a stronger force to guard us there, as we considered our lives in danger.
Sterling G. Price

Ca. Sept. 1809–29 Sept. 1867. Farmer, merchant, military officer. Born near Farmville, Prince Edward Co., Virginia. Son of Pugh Williamson Price and Elizabeth Marshall Williamson. Moved to Missouri, 1831. Married Martha Head, 14 May 1833, in Randolph Co.,...

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met us with a strong force and conducted us to
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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where we were put in close confinement.
One thing I will here mention which I forgot —while we were at
Independence

Located twelve miles from western Missouri border. Permanently settled, platted, and designated county seat, 1827. Hub for steamboat travel on Missouri River. Point of departure for Santa Fe Trail. Population in 1831 about 300. Latter-day Saint population...

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I was introduced to
Russell Hicks

Ca. 1805–19 Apr. 1876. Lawyer. Born in Massachusetts. Treasurer of Jackson Co., Missouri, 1827. Deputy clerk of Jackson Co. court, 1833. Permitted to practice law by Cass Co., Missouri, circuit court, 7 Dec. 1835. One of fourteen men who formed a company ...

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, a lawyer of some note in the country. In speaking on the subject of our arrest and being torn from our families, said he presumed it was another
Jackson county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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scrape. He said the Mormons had been driven from that
county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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and that without any offence on their part. He said he knew all about it, they were driven off because the people feared their political influence. And what was said against the Mormons was only to justify the mob in the eyes of the world for the course they had taken. He said this was another scrape of the same kind.
This
Russell Hicks

Ca. 1805–19 Apr. 1876. Lawyer. Born in Massachusetts. Treasurer of Jackson Co., Missouri, 1827. Deputy clerk of Jackson Co. court, 1833. Permitted to practice law by Cass Co., Missouri, circuit court, 7 Dec. 1835. One of fourteen men who formed a company ...

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, by his own confession, was one of the principal leaders in the
Jackson county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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mob.
After this digression I will return—The same day that we arrived at
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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,
Price

Ca. Sept. 1809–29 Sept. 1867. Farmer, merchant, military officer. Born near Farmville, Prince Edward Co., Virginia. Son of Pugh Williamson Price and Elizabeth Marshall Williamson. Moved to Missouri, 1831. Married Martha Head, 14 May 1833, in Randolph Co.,...

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came into the place where we were, with a number of armed men, who immediately, on entering the the room cocked their guns, another followed with chains in his hands, and we were ordered to be chained all together—a strong guard was placed in and around the house, and thus we were secured. The next day
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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came in, and we were introduced to him—the awkward manner in which he entered and his apparent embarrassment was such as to force a smile from me. He was then asked for what he had thus cast us into prison?—to this question he could not or did not give a direct answer. He said he would let us know in a few days, and after a few more awkward and uncouth movements he withdrew. After he went out I asked some of the guard what was the matter with
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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, that made him appear so ridiculous? They said he was near sighted: I replied that I was mistaken if he were not as near witted, as he was near sighted.
We were now left with our guards, without knowing for what we had been arrested, as no civil process had issued against us—for what followed until
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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came in again to tell us that we were to be delivered into the hands of the civil authorities. I am entirely indebted to what I heard the guards say—I heard them say that
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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had promised them before leaving Coles county that they should have the privilege of shooting Joseph Smith Senior and myself. And that
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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was engaged in searching the military law to find authority for so doing; but he found it difficult as we were not military men and did not belong to the militia; but he had sent to
Fort Leavenworth

Situated on bluff west of Missouri River, about twenty-five miles northwest of Kansas City, Missouri. Area first explored by Spaniards, 1540. Area acquired by U.S. in Louisiana Purchase, 1803. Settled first as Cantonment Leavenworth by U.S. Army colonel Henry...

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for the military code of law, and he expected, after he got the laws, to find law to justify him in shooting us.
I must here again digress, to relate a circumstance which I forgot in its place. I had heard that
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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had given a military order to some persons who had applied to him for it, to go to our houses and take such goods as they claimed. The goods claimed, were goods sold by the sheriff of
Caldwell 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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on an
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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, which I had purchased at the sale. The man against whom the execution was issued, availed himself of that time of trouble to go and take the goods wherever he could find them.— I asked
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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if he had given any such authority. He said that an application had been made to him for such an order, but he said, “your lady wrote me a letter, requesting me not to do it—telling me that the goods had been purchased at the sheriff’s sale, and I would not grant the order.” I did not, at the time, suppose that
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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, in this, had barefacedly lied; but the sequel proved he had—for some time afterwards, behold there comes a man to
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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with the order, and shewed it to me, signed by
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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. The man said he had been at our house, and taken all the goods he could find. So much for a lawyer, a Methodist, and very pious man at that time in religion, and a major general 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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.
During the time that
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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was examining the military law, there were some thing took place which may be proper to relate in this place. I heard a plan laying among a number of those who belonged to
Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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’s army, and some of them officers of high rank, to go to
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, and commit violence on the persons of Joseph Smith Senior’s
wife

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, and my wife and daughters.
This gave me some uneasiness. I got an opportunity to send my family word of their design, and to make such arrangements as they could to guard against their vile purpose. The time at last arrived, and the party started for
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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. I waited with painful anxiety for their return. After a number of days, they returned. I listened to all they said, to find out, if possible, what they had done. One night, I think the very night after their return, I heard them relating to some of those who had not been with them, the events of their adventure. Inquiry was made about their success in the particular object of their visit to
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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. The substance of what they said in answer, was, “that they had passed and repassed both houses, and saw the females, but there were so many men about the
town

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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, that they dare not venture for fear of being detected, and their numbers were not sufficient to accomplish anything if they had made the attempt, and they came off without trying.”
No civil process of any kind had been issued against us: we were there held in duress without knowing what for, or what charges were to be preferred against us. At last, after long suspense,
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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came into the prison, presenting himself about as awkwardly as at first, and informed us, “that we would be put into the hands of the civil authorities. He said he did not know precisely what crimes would be charged against us, but they would be with[i]n the range of treason, murder,
burglary

Illinois statute defined burglary as entering a house, shop, or other building in the nighttime, with the intent to commit a felony, such as larceny. The punishment for burglary and larceny was the same: imprisonment of not less than a year and not more than...

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,
arson

In common law, the “malicious and voluntary burning [of] the house of another, by night or day.” American jurisdictions extended the crime to the burning of a variety of buildings, such as warehouses, churches, and schools.

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,
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

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, theft and stealing.” Here again another smile was forced, and I could not refrain, at the expense of this would-be great man, in whom, he said, “the faith 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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was pledged.” After long and awful suspense, the notable
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 circuit court, took the seat, and we were ordered before him for trial,
Thomas Birch [Burch]

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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, Esq., prosecuting attorney. All things being arranged, the trial opened. No papers were read to us, no charges of any kind were preferred, nor did we know against what we had to plead. Our crimes had yet to be found out.
At the commencement, we requested that we might be tried separately; but this was refused, and we were all put on trial together. Witnesses appeared, and the swearing commenced. It was so plainly manifested by the
judge

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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that he wanted the witnesses to prove us guilty of treason, that no person could avoid seeing it. The same feelings were also visible in the States’
Attorney

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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.
Judge 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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made an observation something to this effect, as he was giving directions to the scribe, who was employed to write down the testimony—“that he wanted all the testimony directed to certain points—Being taken sick at the early stage of the trial, I had not the opportunity of hearing but a small part of the testimony when it was delivered before the court.
During the progress of the trial, after the adjournment of the court in the evening, our lawyers would come into the prison, and there the matters would be talked over.
The propriety of our sending for witnesses, was also discussed. Our attornies said that they would recommend to us not to introduce any evidence at that trial.
Doniphan

9 July 1808–8 Aug. 1887. Lawyer, military general, insurance/bank executive. Born near Maysville, Mason Co., Kentucky. Son of Joseph Doniphan and Ann Smith. Father died, 1813; sent to live with older brother George, 1815, in Augusta, Bracken Co., Kentucky...

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said it would avail us nothing, for the
judge

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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would put us into prison, if a cohort of angels were to come and swear that we were innocent: and beside that, he said that if we were to give to the court the names of our witnesses, there was a band there ready to go, and they would go and drive them out of the country, or arrest them and have them cast into prison, to prevent them from swearing, or else kill them. It was finally concluded to let the matter be so for the present.
During the progress of the trial, and while I was laying sick in prison, I had an opportunity of hearing a great deal said by those of them who would come in. The subject was the all absorbing one. I heard them say that we must be put to death—that the character of the
State

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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required it. The
State

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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must justify herself in the course she had taken, and nothing but punishing us with death, could save the credit of the
State

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 it must therefore be done.
I heard a party of them one night telling about some female whose person they had violated, and this language was used by one of them: “The damned bitch, how she yelled.” Who this person was, I did not know; but before I got out of prison, I heard that a widow, whose husband had died some few months before, with consumption, had been brutally violated by a gang of them, and died in their hands, leaving three little children, in whose presence the scene of brutality took place.
After I got out of prison, and had arrived in
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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Illinois, I met a strange man in the street, who was inquiring and inquired of me respecting a circumstance of this kind—saying he had heard of it, and was on his way going to
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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to get the children if he could find them. He said the woman thus murdered was his sister, or his wife’s sister, I am not positive which. The man was in great agitation. What success he had I know not.
The trial at last ended, and
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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, Joseph Smith Senior,
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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,
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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,
Alexander McRea [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 myself were sent to
jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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in the village of
Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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, Clay county Missouri.
We were kept there from three to four months; after which time we were brought out on
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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before one of the
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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judges. During the hearing under the habeas corpus, I had, for the first time, an opportunity of hearing the evidence, as it was all written and read before the court.
It appeared from the evidence, that they attempted to prove us guilty of treason in consequence of the militia of
Caldwell 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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being under arms at the time that
General Lucas

19 July 1799–23 Feb. 1868. Store owner, recorder of deeds. Born at Washington Co., Kentucky. Son of Samuel Lucas Sr. Married Theresa Bartlett Allen, ca. Nov. 1823, in Harrison Co., Kentucky. Member of Presbyterian church. Lived at Independence, Jackson Co...

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’ army came to
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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. This calling out of the militia, was what they founded the charge of treason upon—an account of which I have given above. The charge of murder was founded on the fact, that a man of their number, they said, had been killed in the Bogard battle.
The other charges were founded on things which took place in
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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. As I was not in
Davies county

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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at that time, I cannot testify anything about them.
A few words about this written testimony.
I do not now recollect of one single point, about which testimony was given, with which I was acquainted, but was misrepresented, nor one solitary witness whose testimony was there written, that did not swear falsely; and in many instances I connot see how it could avoid being intentional on the part of those who testified—for all of them did swear things that I am satisfied they knew to be false at the time—and it would be hard to persuade me to the contrary.
There were things there said, so utterly without foundation in truth—so much so—that the persons swearing, must, at the time of swearing, have known it. The best construction I can ever put on it, is, that they swore things to be true which they did not know to be so, and this, to me, is wilful perjury.
This trial lasted for a long time, the result of which was, that I was ordered to be discharged from prison, and the rest remanded back; but I was told by those who professed to be my friends, that it would not do for me to go out of jail at that time, as the mob were watching, and would most certainly take my life—and when I got out, that I must leave the
State

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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, for the mob, availing themselves of the exterminating order of
Governor Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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, would, if I were found in the
State

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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, surely take my life—that I had no way to escape them but to flee with all speed from the
State

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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. It was some ten days after this before I dare leave the
jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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. At last the evening came in which I was to leave the
jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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. Every preparation was made that could be made for my escape. There was a carriage ready to take me in and carry me off with all speed. A pilot was ready—one who was well acquainted with the country—to pilot me through the country so that I might not go on any of the public roads. My wife came to the
jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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to accompany me, of whose society I had been deprived for four months. Just at dark, the sheriff and jailer came to the jail with our supper. I sat down and ate. There were a number watching. After I had supped, I whispered to the jailor to blow out all the candles but one, and step away from the door with that one. All this was done. The sheriff then took me by the arm, and an apparent scuffle ensued—so much so, that those who were watching, did not know who it was the sheriff was scuffling with. The sheriff kept pushing me towards the door, and I apparently resisting, until we reached the door, which was quickly opened and we both reached the street. He took me by the hand and bade me farewell, telling me to make my escape, which I did with all possible speed. The night was dark. After I had gone probably one hundred rods, I heard some person coming after me in haste. The thought struck me in a moment that the mob was after me. I drew a pistol and cocked it, determined not to be taken alive. When the person approaching me spoke, I knew his voice, and he speedily came to me. In a few minutes I heard a horse coming. I again sprung my pistol cock. Again a voice saluted my ears that I was acquainted with. The man came speedily up and said he had come to pilot me through the country. I now recollected I had left my wife in the
jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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. I mentioned it to them, and one of them returned, and the other and myself pursued our journey as swiftly as we could. After I had gone about three miles, my wife overtook me in a carriage, into which I got, and we rode all night. It was an open carriage, and in the month of February 1839. We got to the house of an acquaintance just as day appeared. There I put up until the next morning, when I started again and reached a place called Tenny’s Grove; and to my great surprise, I here found my family, and was again united with them, after an absence of four months, under the most painful circumstances. From thence I made my way to
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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, where I now am. My wife, after I left her, went directly to
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

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and got the family under way, and all unexpectedly met at Tenny’s Grove.
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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.
After hearing the foregoing evidence in support of said Petition—it is ordered and considered by the Court, that the said Joseph Smith, Senior, be discharged from the said arrest and imprisonment complained of in said Petition, and that the said Smith be discharged for want of substance in the warrant, upon which he was arrested, as well as upon the merrits of said case, and that he
go hence without day

When the court dismisses charges against a person “he is said to go without day; that is, there is no day appointed for him to appear again.”

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.
L. S.
4

TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) printed in place of a seal.


In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at the city of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, this 2d day of July, 1843.
JAMES SLOAN

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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, Clerk. [p. [3]]
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Related Case Documents
Editorial Title
Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]
ID #
14210
Total Pages
6
Print Volume Location
Handwriting on This Page
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Footnotes

  1. [4]

    TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) printed in place of a seal.

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