Ruling, 29 November 1838 [State of Missouri v. Gates et al. for Treason]

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  • Historical Introduction

Document Transcript

And the court being satisfied that there is no probable cause for charging a portion of said prisoners with the offences alleged against them to wit , Benjm Jones, , Elijah Newman, Moses Clawson & Daniel Shearer <​& William Whitman​> 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 that there is [p. [123]] probable cause to believe that said prisoners are guilty there of, That is to say, there is probable cause to believe that Joseph Smith Jr , and are guilty of overt acts of treason in , and for want of a jail in said prisoners are committed to the jail in to answer the charge aforesaid in the county of on the first thursday after the fourth monday in March next—
It further appearing that overt acts of treason have been committed in <​​>, and there being probable cause to believe that guilty there of, The said (for want of a sufficient jail in ) is committed to the jail in to answer said charge in on the 1st monday after the 4th monday in March next,
It further appearing that the murder of Moses Rowland, has been perpetrated in the county of and that there is probable cause to believe that , Norman Shearer, , and Maurice [Morris] Phelps are [p. [124]] guilty thereof, they are therefore— committed to the jail to answer said charge on the 2nd monday in March next. It further appearing that the offences of Arson, Burglary, Robbery and Larceny has been committed in and there being probable cause to believe , , Washington Vories, Sidney Tanner, Jacob Gates, Jesse D. Hunter, , , John S. Higby [Higbee], Ebenezer Page, James M. Henderson, , , George Kimble, Joseph W Younger, Daniel Carn, James H. Rawlins [Rollins], , , and Clark Hallet, guilty there of,— And the said last mentioned offences being bailable it is ordered that said defendants <​severally​> enter into a recognizance, for their appearance, on the 1st day of the next term of the circuit court, to be holden on the first thursday after the fourth Monday in March next— each in the sum of five hundred dollars with security for the like amount— except & who are required to give bail in the the sum of one thousand dollars each, [p. [125]] with good security for the like amount, and also. Daniel Carn who is required to give bail in the sum of seven hundred and fifty dollars, with good security for the like amount.
Where upon , , Jacob Gates, Sidney Tanner Washington Vories, James H Rawlins , & Joseph W Younger severally entered into recognizance as required.—
The other defendants being unable to give sufficient bail, are committed to the jail in there being no sufficient jail in .
Judge Fifth Circuit &c. [p. [126]]

Footnotes

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    TEXT: “coun[page damaged]”.