Transcript of Proceedings, Murder, 18 July 1839 [Extradition of JS et al. for Treason and Other Crimes]

  • Source Note
  • Historical Introduction
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and against the peace and dignity of the and that Joseph Smith, junior, late of said County of , late of said County of and late of said County of , not having the fear of God before their eyes but being moved and seduced by the instigation of the Devil before the felony and murder aforesaid by the aforesaid , and Maurice Phelps, and the said other persons (whose names to the jurors aforesaid are as yet unknown) in maner and form aforesaid done and committed that is to say on the twenty-fifth day of October in the year of our Lord Eighteen hundred and thirty-eight the aforesaid , and Maurice Phelps and the said other persons (whose names to the jurors aforesaid are as yet unknown) at the County of aforesaid to do and commit the felony and murder aforesaid in manner and form aforesaid maliciously, wilfully, voluntarily, and of their malice aforethought did stir up, move, abet, Council and procure against the form of the [s]tatute in such cases made and provided, and against the peace and dignity of the .
, circuit attorney.
2. And the jurors aforesaid upon their oath aforesaid do further present: That the said , , Maurice Phelps, & divers other Evil disposed persons (whose names to the jurors aforesaid are as yet unknown) not having the fear of God before their eyes [p. [2a]]
and against the peace and dignity of the and that Joseph Smith, junior, late of said County of , late of said County of and late of said County of , not having the fear of God before their eyes but being moved and seduced by the instigation of the Devil before the felony and murder aforesaid by the aforesaid , and Maurice Phelps, and the said other persons (whose names to the jurors aforesaid are as yet unknown) in maner and form aforesaid done and committed that is to say on the twenty-fifth day of October in the year of our Lord Eighteen hundred and thirty-eight the aforesaid , and Maurice Phelps and the said other persons (whose names to the jurors aforesaid are as yet unknown) at the County of aforesaid to do and commit the felony and murder aforesaid in manner and form aforesaid maliciously, wilfully, voluntarily, and of their malice aforethought did stir up, move, abet, Council and procure against the form of the statute in such cases made and provided, and against the peace and dignity of the .
, circuit attorney.
2. And the jurors aforesaid upon their oath aforesaid do further present: That the said , , Maurice Phelps, & divers other Evil disposed persons (whose names to the jurors aforesaid are as yet unknown) not having the fear of God before their eyes [p. [2a]]
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