Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason]

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  • Historical Introduction

Document Transcript

State of Missouri)
County of )
In Circuit Court April Term e[i]ghteen hundred and thirty nine
to wit,
The Grand Jurors for the State of for the body of the County of aforesaid, upon their oath present present that Jacob Gates , , Joseph Smith Jr— , , , Joseph W Younger, , Washington Voorhiess [Voorhees], Jesse D Hunter, James H Rollins, Sidney Tanner [Turner], David Carns James Worthington, , , , , Perry Durphy [Durfee], , , , , Daniel Carns [Carn], , Ebenezer Page, Finl[e]y Page, Roswell Stephens [Stevens], — Benj. Durphee, James Whitaker [p. [1a]]
State of Missouri)
County of )
In Circuit Court
April. Term 1839—
— to wit,
The Grand Jurors for the State of for the body of the County of upon their oaths present.
[blank] late of the County of [blank] being citizens of our said not having the fear of God in their hearts nor weighing their allegiance, but being moved and seduced by the instigation of the devil as false traitors against our said the laws of our said and wholy withdrawing the Cordial love and true and due obedience which every true and faithful Citizens of our said should and of right ought to bear towards the laws of our said and Contriving and with all their strength intending traitorously to break and disturb the peace and common tranquility of this State of and to stir and move, and excite insurrection rebellion and war against our said within this and to subvert and alter the legeslature, rule, and goverment, now duly and happily established in this on the first day [blank] day of [blank] in the year of our Lord eighteen hundred <​1838​> and thirty eight and on divers other days and times as well before as after the at the County of aforesaid, maliciously, with force and arms and of their malice aforethought did amongst themselves and together with divers other false traitors whose names are to the said Jurors unknown, conspire Compass, imagine, and intend to stir up, move, and excite insurrection, rebellion, and war against our said within this State of to subvert and alter the legislature, rule, and goverment now duly and happily established within this , And to fulfill, perfect, and bring to effect their evil most evil and wicked treason and treasonable compassings [p. 1[b]] and imaginations aforesaid the said defendants as such false traitors as aforesaid with force and arms on the said [blank] day of [blank] in the year of our eighteen hundred and thirty— eight and on divers other days and times as well before as after at the County of aforesaid maliciously and traitorously did meet. conspire. consult and agree among themselves and together with divers other false traitors, whose names are to the said Jurors unknown to cause to and procure a convention and meeting of divers citizens of this to be assembled and held within this with intent and in order that the persons to be assembled at such meeting should and might wickedly and traitorously without authority and in defyance of the Laws of this levy war against the people our said — and subvert and Cause to be subverted and altered the legislature rule and government of this now duly and happily established in this . And further to fulfill perfect and bring to effect, their most evil and wicked treason and treasonable compassings and imaginations aforesaid and in order the more readily and effectually to assemble such conventi[on] and meeting as aforesaid for the traitorous purposes purposes aforesaid and thereby to accomplish the said purposes. the said Defendants as such false traitors as aforesaid together with divers other false traitors whose names are to the Jurors unknown aforesaid unknown. the said Defendants defendants as such false traitors as aforesaid with force and arms on the [blank] day of [blank] in the year of our Lord eighteen hundred and thirty eight, and on divers other days and times as well before as after at the County of aforesaid maliciously and traitorously did compose and write and did then and there maliciously and traitorously cause to be writen composed and writen divers. pamphlets. letters [p. 2] instructions, resolution, orders, declarations adresses, and writings and and their said false maliciously and traitorously cause to be published publish. and did then and there maliciously and traitorously cause to be published divers other pamphlets, letters, instructions, resolutions, orders declarations, addresses and writings, the said pamphlets, letters, instructions, resolutions, orders declarations, addresses, and writings so respectively composed, writen published, and Caused to be composed writen, and published purporting and containing, therein, among other things, incitments, encouragements, and exortations to move, induce, and pursuade the Citizens of our said to levy war against our said and to adhere to the enemies of our said and to give them aid and comfort in time of war— and the said defendants and further to fulfill, perfect and bring to effect their most evil and wicked treason and treasonable compassings and imaginations aforesaid and in order the more readily and efectually to assemble such Convention and meeting as aforesaid for the tratorous purposes aforesaid, and thereby to accomplish the same purposes. the said Defendants as such false traitors as aforesaid on the [blank] day of [blank] in the year of our Lord eighteen hundred and thirty eight aforesaid and on divers other days. and times as well before as after with force and arms at the County of aforesaid did meet Consult and deliberate among themselves. and together with divers other false traitors whose names are to Jurors aforesaid unknown of and concerning the Calling and assembling such Convention and meeting. as aforesaid for the traitorous purposes aforesaid and how when and where such Convention and meeting should be assembled and held— and by what means, the Citizens of our said should and might [p. 3] be induced, and moved, to convene and meet in said Convention and meeting—
And further to fulfill perfect and bring to effect their most evil and wicked treason and treasonable Compassings, and imaginations aforesaid and in order the more readily and iffectually to assemble such Convention and meeting as aforesaid for the traitorous purposes aforesaid, and thereby to accomplish the same purposes. the said defendants, as such false traitors as aforesaid together with divers other false traitors, whose names are to the said Jurors unknown on the said [blank] day of [blank] in the year of our Lord eighteen hundred and thirty eight and on divers other days and times as well before as after with force and arms. at the County of of aforesaid maliciously and traitorously did Consent and Cooperate, among themselves and together with divers other false traitors whose names are to the said Jurors unknown for and towards the Calling, and assembling such Convention and meeting as aforesaid. for the traitorous purposes aforesaid— And further to fullfill, perfect, bring to effect their most evil effect and wicked treason, and treasonable practices Compassings, and imaginations aforesaid. the said defendants as such false traitors as aforesaid together with divers other false traitors whose names are to the said Jurors unknown, on the said [blank] day of [blank] in the year of our Lord eighteen hundred and thirty nine eight, with force and arms at the County of aforesaid maliciously and traitorously did Cause and procure to be made, and provided and did then and there maliciously and traitorously consent and agree to the making and providing of divers arms and offensive weapons, to wit, guns, muskets, pikes, and [p. 4] and axes, for the purpose of arming divers Citizens of our said in order and to the intent, that same citizens should and might unlawfully, forcebly and traitorously oppose and withstand, the officers of our said in the due and Lawfull exercise of their power and authority. in the due and Lawful exercise execution of the laws. and statutes of this and should and might, unlawfully. forcibly and traitorously subvert. and alter and aid. and assist in subverting and altering, without and in defyance of authority and against the will of the people. of this the legislature rule and government now duly and happily established in this <​​>— And to fulfil, perfect, and bring to effect, their most evil, and wicked treason and practices and treasonable Compassings, and imaginations aforesaid the said Defendants as such false traitors, as aforesaid with force and arms, on the said first day of November in the year of our Lord eighteen hundred and thirty eight, and on divers other days and times, as well before as after at the County of aforesaid maliciously did meet together conspire, consult and agree, among themselves, and with divers other false traitors, whose names are to the said Jurors unknown to [illegible] levy and make insurrection, rebellion, and war, within this against our said State of — And further to fulfil perfect, and bring to effect, their most evil and wicked treason and treasonable Compassings and imaginations aforesaid the said defendants, as such false traitors [p. 5] as aforesaid on the said [blank] day of [blank] in the year of our Lord eighteen hundred and thirty eight and on divers other days and times, as well before as after at the County of aforesaid with force and arms, maliciously and traitorously did meet, conspire, Consult, and agree, together amongst themselves, and together with divers other false tr[a]itors whose names are to the Jurors aforesaid unknown unlawfully, wickedly, and traitorously, to subvert and alter and Cause to be subverted and altered, the legislature, rule and goverment now duly and happily established in this State of — And further to fulfil perfect and bring to effect, their most evil and wicked treason, and treasonable practises Compassings and imaginations aforesaid and in order the more readily and efectually to bring about such subversion and alteration last aforesaid, the said Defendants, as such false traitors as aforesaid together with divers other false traitors, whose names are to the said Jurors unknown, on the said [blank] day of [blank] in the of our Lord eighteen hundred and thirty eight, and on divers days and times as well before as after, with force and arms at the aforesaid, maliciously and traitorously did prepare, and compose and and did then and there <​maliciously and traitorously​> cause to be prepared and composed, divers books pamphlets, letters declarations, instructions resolutions, orders, addresses and writings and writings and did then and there maliciously and traitorously publish and disperse and did then and there [p. 6] maliciously and traitorously cause and procure to be published and dispersed divers other books pamphlets, letters, declarations instructions, resolutions, orders addresses and writings so respectively prepared, composed published dispersed as last aforesaid purporting and containing there in amongst other things, incitements, encouragements, and exortations, to move induce and pursuade the Citizens, of our said State of to aid and assist in Carrying into effect such traitorous subversion, & alteration, and [illegible], as last aforesaid, and also containing therein amongst other things. information instructions, and directions, to the Citizens of our said , how, when, and upon what occasion the traitorous purposes last aforesaid, should and might be carried into effect.— And further to bring fulfil perfect, and bring to effect their most wicked, treason and treasonable compassings and imaginations aforesaid the said defendants as such false traitors as aforesaid together with divers other false traitors, whose names are to the said Jurors unknown, on the [blank] day of [blank] in the year of our Lord eighteen hundred and thirty eight and on divers other days and times as well before as after, at the County of aforesaid with force and arms, maliciously, and traitorously did procure and provide and did then and there maliciously and traitorously did cause and procure to be provided and did then and there. Maliciously and traitorously consent and agree to [p. 7] the procuring and providing arms and offensive weapons to wit, guns muskets, pikes, and axes therewith to levy war insurrection, and rebellion against our said , within this St[ate] of against the duty, of the allegiance of the said Defendants and further to fulfil, perfect and bring to effect their most wicked treason and treasonable compassings and, imaginations aforesaid, the said Defendants as such false traitors as aforesaid on the first day of November in the year of our Lord eighteen hundred thirty eight, and on divers other days and times as well before as after at the aforesaid, with force and arms maliciously and traitorously did meet, and collect together, armed and with guns muskets pikes and axes and did then and there agree amongst themselves— and together, with divers other false traitors, traitors whose names are to the said Jurors unknown, wickedly and traitorously, to subvert, and alter and cause to be subverted and altered, the laws, legislature rule and goverment, of our said, now duly & happily established in this , did meet, and converse and collect together, a large force armed force and then & there did levy war against our said and did then there levy war against the people of this — against the allegiance of the said defendants— against form of the Statute in such case [p. 8] made and provided and against the peace and dignity of the
J[ames] A Clark
Circuit attorney [p. 9]
vs) Treason
Joseph Smith
and others
 
A true Bill Robert P Peniston [Sr.] foreman of the Grand Jury
 
Witnesses Waterman Phelps Francis Mc.guire
 
Witness Laburn Morin Hen[ry] McHenry Joh[n] Edwards John Brown Robert McGaw Jackson Job Ira Glass
 
Copied
[2 words illegible] [p. [10]]

Footnotes

  1. new scribe logo

    Docket and notations in handwriting of James A. Clark.  

  2. new scribe logo

    Probable signature of Robert P. Peniston Sr.