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

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

Source Note

Transcript of Proceedings,
Daviess Co.

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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

Historical Introduction

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

Page 162

pel him to do so; that he was at their service, they could sacrifice him, or do as they thought proper, but he would sign no such obligation; that they had him surrounded with an armed force, and he was destitute of arms. At that time Mr. Smith,
Mr. Avard

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

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, and he thinks
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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, put their hands to their swords, and said,
witness

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

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could have their swords. He replied he had no use for them, that they could keep them. They still urged him to sign their obligation. He still refused, and called on them as christians, and said if they were the latter day saints they must be christians, and said their making of him an unjust request, and that they were not bound in any manner to interrupt the citizens of
Daviess 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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, and requested a list of all their names. They then said they were willing for
witness

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

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to draw an instrument of his own, and they would then come into an obligation with him, and
witness

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

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seeing the situation of his family, told them he would give them an obligation under his hand, if it would of any satisfaction to them, and told them he would give them a certificate to about the following effect:
“I,
Adam Black

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

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a justice of the peace, within and for
Daviess 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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, do hereby certify that I will support the constitution of this
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 of the
U. States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, and will support no mob, that I am not attached to any mob, and will not attach myself to any such people.” Some of the company seemed to think it was sufficient, but it was objected to by others, and
witness

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

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said, if it would be more satisfactory, he would add another sentence to it, as follows: “That I will not molest the people called Mormons, and they will not molest me” or, “if they will not molest me.” He signed, and handed it to them and they appeared to be satisfied with it; they then said,
Dr. Avard

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

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speaking: Now we are going down to see the Col. of your
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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,
Col. Peniston

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

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and
Capt. Bowman

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, and will soon settle the business with them, and said a common excuse would not let them off, they must make some great acknowledgment for their threats, and if they did not, they would take their lives or shoot them down, or could shoot them down.
Dr. Avard

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

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said he could shoot a man who would not sign that obligation, or that would oppose him, or be in a mob against him, and drink his heart’s blood.
Witness

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

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said to
Avard

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

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, you must be of a savage nature; and he replied he was, that he was an old Virginian, that it was his disposition and he could not help it.
Witness

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

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then asked Mr. Smith, if he protected
Dr. Avard

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

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in his savage disposition, or if he possessed such a heart? he replied no. When they were at his house the second time they repeated that they would go through the
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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, and compel every officer, civil and military, to sign a similar paper, or that they should sign that paper.
Questioned by
Moses Dailey

16 Apr. 1794–9 Dec. 1865. Farmer. Born at Walkill, Orange Co., New York. Son of John Daley and Amy Mapes. Married Almira Barber, 22 Jan. 1819, at Marcellus, Onondaga Co., New York. Moved to Huron Co., Ohio, by 1827. Baptized into Church of Jesus Christ of...

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, one of the defendants. Do you recollect seeing me at your house that day, or at any other time?
Answer. I do not.
Question, by same. Do you recollect ever to have seen me on the north side of the
Grand River

Flows from current state of Iowa approximately 225 miles southeast through Daviess and Livingston counties in Missouri en route to its mouth at Missouri River near De Witt, Missouri. Adam-ondi-Ahman, Far West, Hawn’s Mill, Whitney’s Mill, Myers settlement...

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?
Answer. I do not. [p. 162]
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Source Note

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Page 162

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