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Affidavit from Philander Avery, 20 December 1843, Thomas Bullock Copy

Source Note

Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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, Affidavit, before
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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,
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, 20 Dec. 1843; handwriting of
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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; one page; JS Office Papers, CHL.

Historical Introduction

See Historical Introduction to Requisition from Henry G. Sherwood, 8 Dec. 1843.

Page [1]

State of Illinois) Ss
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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)
On the 20th. day of December 1843 personally appeared before me
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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Clerk of the Municipal Court of said
City

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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,
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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of
Bear Creek

Named after stream that rises near Carthage, Illinois, and flows southwest into Mississippi River. JS arrested in area, 5 June 1841, by Adams Co., Illinois, sheriff Thomas King, acting on warrant from Illinois governor Thomas Carlin, who planned to deliver...

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precinct in said
County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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, and after being duly sworn deposeth and saith, that on the 19th. day of November 1843, at his house, in the precinct aforesaid,
Ebenezer Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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of
Lee County

First permanent settlement established, 1820. Organized 1837. Population in 1838 about 2,800; in 1840 about 6,100; in 1844 about 9,800; and in 1846 about 13,000. Following expulsion from Missouri, 1838–1839, many Saints found refuge in eastern Iowa Territory...

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, Territory of Iowa, by false pretences persuaded your
Affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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to accompany said
Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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to the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

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, at
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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, where your
Affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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was seized by one Joseph Mc.Coy of Clark County Missouri, in connection with the said
Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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and about one dozen of other Individuals, whose names are unknown to your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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, and by them forced across said
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

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, where they bound your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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, and Mark Childs swore that your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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had stolen said Mc.Coy’s horse and colt, and that his father
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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had secreted said horse and colt, and said
Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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threatened your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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with death or seven years imprisonment, in order to persuade him to make false statements, and testify that his father
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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had stolen said Mc.Coy’s horse and colt, which statements your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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made, and swore to the same, while in duress, with a Bowie knife presented to intimadate. And your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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further saith that the testimony he gave concerning his
father’s

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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guilt was extorted from him through fear, while in duress, and said testimony was absolutely false, and your
affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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fully believes that his
father

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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is innocent of the crime of stealing said Mc.Coy’s horse and colt. and further your
Affiant

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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saith not.
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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L. S.
1

TEXT: “L. S.” enclosed in a hand-drawn representation of a seal.


Subscribed and sworn to before me, In testimony whereof I have hereunto set my hand and affixed the seal of said Court at
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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aforesaid this 20th. day of December A. D. 1843.
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

View Full Bio
Clerk of the Municipal Court of 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....

More Info
[p. [1]]
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Document Information

Related Case Documents
Editorial Title
Affidavit from Philander Avery, 20 December 1843, Thomas Bullock Copy
ID #
7688
Total Pages
1
Print Volume Location
Handwriting on This Page
  • Thomas Bullock

Footnotes

  1. [1]

    TEXT: “L. S.” enclosed in a hand-drawn representation of a seal.

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