Missouri State Archives: Finding Aid 5.1

Mormon War Papers, 1837-1841

[ Full-text transcription of: Verdict of Judge King ]

 

The Secretary of State

 

Jefferson City

 

Missouri

 

 

Hon A. A. King

transmitting Sen

tence of Court of En

Quiry

 

Filed July 9, 1841

J. S.

 


Richmond

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 Daviess County (and

for want of a Jail in Daviess County)

said prisoners are committed to the

Jail in Clay to answer the charges

aforsaid in the county of Daviess-

on the first Monday in March next

It further appearing that overt acts

of Treason have been committed in

Caldwell County and there being prob

=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 Clay County to answer said charges


in Caldwell County on the first Monday

after the fourth Monday in March next

It further appearing that the Mur

=der of Moses Rowland has been per

potrated in the County of Ray, and that

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

Daviess County and there being probable

Cause to believe George W. Robinson

Alanson Ripley, Washington Vories

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, Wash

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

Ray County there being no sufficient

Jail in Daviess County

Austen A King

Judge 5th Judicial Circuit

As Judge of the fifth Judicial circuit

in the State of Missouri, and [Setting]

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 Missouri, if the

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.