[ Full-text transcription of: Verdict of Judge King ]
[ view finding aid | view image ]
The Secretary of State
Hon A. A. King
transmitting Sen
tence of Court of En
Quiry
Filed July 9, 1841
J. S.
4 July 1841
D Sir.
Enclosed I sind you the
conclusion and judgment of
the court on the prisoners char
=ged &c – I think it very impor
=tant that it should accomp
=any the evidendc, I will be
glad also that the note appen
=ded to it should be published
If it is convenient
please sind me a copy
when published –
Respectfully
Austin A King
At this point the testimony or both
sides closed.
And the Court being satisfied that
there is no probable cause for charging
a portion of said prisoners with the
offences alledged against them to wit
King Follet, [Benj ], George W
Harris, Elijah Newman, Moses Clawson
& Daniel Shearer they are accordingly
discharged.
On Motion of the Circuit Attorney and
it appearing to the Satisfaction of the
Court that the offences herein before
named, have been committed and so that
there is probable cause to believe that
said prisoners are guilty thereof
That is to say that there is probable cause to
believe that Joseph Smith, Jr Lyman
Wight, Hiram Smith, Alexander McRay
& Caleb Baldwin are guilty of Overt
acts of Treason in
for want of a Jail in
said prisoners are committed to the
Jail in Clay to answer the charges
aforsaid in the
on the first Monday in March next
It further appearing that overt acts
of Treason have been committed in
=able cause to believe Sidney Rigdon
guilty thereof, The said Sidne Rigdon
(for want of a Sufficient Jail in Cald
well County) is committed to the Jail
in
in
after the fourth Monday in March next
It further
appearing that the
=der of Moses Rowland has been per
potrated in the
there is probable Cause to believe that
Parley P. Pratt, [ ] Shearer, [ ]
[Chase], Laman Gibbs, and Maurice Phelps
are guilty thereof They are therefore
committed to the Ray County Jail
to answer said charge on the second
Monday in March next.
It further appearing that the offen
ces of Arson, Burglary, Robbery, and
Larceny have been committed in
Cause to believe George W. Robinson
Sidney Tanner, Jacob Gates, [Iepesh]
Hunter, George Grant, Thomas Rich,
John G. Higby, Ebenezer Page, Ebenezer
Robertson, James M. Henderson, David
Petty Grew, Edward Partridge, Fran
cis Higby, George [Hinkle], Joseph H.
Younger, Daniel Carn, James H-
Rawlins, Samuel [Bent], Jonathan Dun
-ham, Joel S. Miles and Clark Hallett
are guilty thereof and the last mentioned
offence, being bailable it is ordered
that said defendants severally enter
into a recognizance for their appear
ance, on the first day of the next
Term, of the Daviess Circuit Court
to be holden on the first Thursday
after the fourth Monday in March next
each in the sum of $500 with security
for the like amount except George
W. Robertson and Edward Partridge
who are required to give bail in the
sum of $1000 each with good security
for the like amount and also Daniel
Carn who is required to give bail
in the sum of $150 with good security
for the like amount. Whereupon
Edward Partridge, George W. Robertson
Jacob Gates, Sidney Tanner,
ington Vories, James H. Rawlins
William Whitman and Joseph W.
Younger, severally entered into recogni
zance as required. The other defend
ant, being unable to give sufficient
bail are committed to the Jail in
Jail in
Austen A King
Judge 5th Judicial Circuit
As Judge of the fifth Judicial circuit
in the State of
as a Court of Enquiry against the above
named defendants for the several
offences of Treason against the State
Murder, Burglary, Arson, Robbery
and Larceny. I certify that the
several Witnesses herein before ex
amined were severally sworn by me
according to law and their examin
=ation taken by me in the presence
of the prisoners and reduced to writing
under my direction, and signed by
said Witnesses, respectively after the
same was read over to them and
that said examination was com
=menced by me, on the 12th day of
November AD 1838. and ordered and
the prisoner disposed of by me
or herein before stated on the 29th
of the same month
Austin A. King
Judge [ ]
*By the
statutes of
examining court should be of opinion
from the evidence that an offence, as
charged had been committed, and
that there was probable ground to
charge the prisoner there with, it
is the duty of the court to commit or
bind the prisoner over to the next
court, at which time the charge
is to be re-investigated by a grand
jury, the above prisoners were subsequ
=ently indicted as charged above.