 The Lawyers Involved in the Mormons' Legal Defence
Jackson, Clay and Caldwell Counties 
Col. Alexander William Doniphan, orator, jurist, statesman, soldier and Christian gentleman, was born in Mason County, Kentucky, July 9, 1808, and died in Richmond, Missouri, August 8, 1887. He was of immense stature, noble appearance, brilliant parts, fearless, of great moral courage, sanguine, faithful, just, poetic in temperament, the champion of the down-trodden, eloquent beyond description.
He took up the practice of law in Liberty in 1833 and at once began his active support of every progressive movement. In 1837 he married Elizabeth Jane Thornton, who was born in Clay County December 21, 1820, a daughter of Col. John Thornton, one of the county's first settlers. During his residence of thirty years, he held his place as leading citizen, giving the best of his powers to Clay County's development, being absent only during his famous expedition to Old Mexico in 1846-1847 - one of the longest marches ever made by a military organization - when he was Commander of the First Regiment Missouri Mounted Volunteers, and when representing his County in the Legislature. Alexander Doniphan was a strong supporter of all educational endeavors. His name appears on lists of trustees of a number of early schools, he was instrumental in securing William Jewell College for Liberty, and in 1853 he became the first county school commissioner. In 1861 he was a member of the Peace Commission which met Lincoln in Washington, and during the Civil War his sympathies were with the Union.
On June 5, 1875, Col Doniphan was one of the guests of honor and first speaker of the day at Clay County's Semi-Centennial celebration. In 1909 a chapter of the National Society Daughters of the American Revolution was organized in Liberty and in his honor was named the Alexander Doniphan Chapter. On July 29, 1918, the State of Missouri dedicated a magnificent monument of bronze and granite at Richmond, to his memory.
The death of his two sons early in life prevented the direct continuance of Alexander Doniphan's brilliant qualities but Clay County is the heir of his achievements.
- [1922 Ethel Massie Withers, Regent of Alexander Doniphan Chapter Daughters of the American Revolution. Clay County Missouri Sesquicentennial Souvenir, 1822-1972 by Alexander Doniphan Chapter, Daughters of the American Revolution, Liberty Tribune, 1922, with supplement 1972, 10].

David Rice Atchison, US senator, born in Frog-town, Kentucky, 11 August 1807. He received a liberal education, studied law, and began practice in Liberty County, Mo. In 1834 and 1838 he sat in the Missouri legislature, in 1841 he was appointed judge of the Platte county circuit court, and in 1843 appointed United States senator in the place of Lewis F. Linn, deceased, and was subsequently elected and reelected, sitting until 1855. He was prominent in the legislation on the organization of the territories of Kansas and Nebraska, and was a leader of the pro-slavery faction in the Kansas troubles of 1856-'57.
David R. Atchison has the singular honor of having served as U.S. President for one day when General Zachary Taylor refused to be inaugurated on March 4, 1849, because it was a Sunday. Born in Fayette County, Kentucky, he became the first senator from western Missouri and the youngest Missourian at that time to enter the U.S. Senate. He served 16 terms in this body as President Pro Tem. By right of succession, he also was U.S. Vice President from April 18, 1853, until December 4, 1854, by virtue of the death of President Franklin Pierce's vice president, William R. King. He is buried in his home of Plattsburg, Missouri, where a statue honors him in front of the Clinton County Courthouse. jurist and United States senator, was born in Fayette county, Ky., Aug. 11, 1807. His father was an industrious farmer of influence in the neighborhood. At an early age David was put in a grammar school, but left it to enter Transylvania University, where he graduated. In 1828 he began to study law at the Lexington Law School, where he remained two years. He then went to Clay county, at that time the extreme border of Missouri. He quickly adapted himself to the life and society of the frontier; took part in politics, and soon became a prominent figure in the life of the country. In 1834 he was elected to the state house of representatives of Missouri and in 1838 was reëlected. During this session he was chosen major-general of the state militia to operate against the Indians, but never saw any active service, in 1840 he was defeated as a candidate for the state legislature, and in 1841, was elected to the bench of the Platte judicial circuit. Two years later he was chosen by Gov. Reynolds to fill the vacancy in the United States senate, occasioned by the death of Dr. Lewis Lynn; was elected in 1844 to the position by the state legislature, and reëlected in 1849. At the time of the death of William R. King, the vice-president elect, Mr. Atchison, being president of the senate, became ex-officio vice-president of the United States. When the question of the organization of the Nebraska Territory came before the senate, Mr. Atchison opposed it, but at the next session favored it, and though the validity of the Missouri Compromise had not then been questioned, he proposed, regardless of restrictions, to introduce slavery into the territory. In the summer of 1853, he announced himself in favor of the repeal of the Missouri Compromise and the following winter was a warm supporter of the Kansas-Nebraska bill. He aspired to the presidency and for some time his name appeared in the border papers as a candidate. He ran for the United States senate in 1855 but was defeated. The following year he spent the most of his time in Kansas leading the Platte County Rifle company, but after the defeat of slavery in Kansas he retired to his farm. At the beginning of the Civil war he entered the Confederate service, but soon retired because of dissatisfaction with the management. After the war he lived in retirement until his death, Jan. 26, 1886. [Kansas: A Cyclopedia of State History, Embracing Events, Institutions, Industries, Counties, Cities, Towns, Prominent Persons, Etc. ..., volume 1, with a supplementary volume devoted to selected personal history and reminiscence (Chicago, IL: Standard Pub. Co. 1912), 115-116]. David R. Atchison, John Long and Howard Everett were appointed commissioners for the purpose of selecting a seat of justice for said county of Clinton...under the law entitled an act for the organization of counties hereafter established approved January 14, 1825. The act took effect January 2, 1833.
On January 15, the commissioners made their report: The east half of the northwest quarter of Section 27, Township 55 N, Range 32 W, containing 80 acres... also another tract... containing 80 acres... also another tract... containing six acres.
One of the commissioners, Gen. David R. Atchison, afterward stated that it was the intention of the commissioners to locate the county seat on the 80 acres of land lying just east of the proposed site of Plattsburg, and upon a more elevated spot of ground... A man named Walker hastened to Lexington to the Land Office and entered the 80 acres, believing by so doing a chance was open for speculation. The act of Walker caused the commissioners to locate the county seat where it now is...
On the second Monday of March, 1833, the first county court met in the county of Clinton at the houes of Laban Garrett, and there organized and set in motion the machinery necessary to its civil government... (--History of Clinton and Caldwell Counties, 1922, pp. 75, 76.)
It should be remembered that Clinton County was established before the Platte Purchase, in June, 1836, and that Clay County was formed from Ray County and that Ray County was organized out of the territory of Howard County, November 16, 1820. (--Encyclopedia of the History of Missouri, 1901, Conard, Vol. 5, pp. 151, 304; Vol. 2, p. 19.)
The report of the commissioners (see above) was approved, and the name of the town to be laid off was Concord. In the following January, 1834, it was changed to Springfield, and in 1835, it was again changed to Plattsburg, in honor of Plattsburg in Clinton County, New York... (-- History of Clinton and Caldwell Counties
, 1922, p. 93; Conard, Vol. 2, p. 33.)
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 King, Austin Augustus (1802-1870) -- also known as Austin A. King -- of Columbia, Boone County, Mo.; Judge 5th Circuit Court, Richmond, Ray County, Missouri. Born in Sullivan County, Tenn., September 21, 1802. Democrat. Lawyer; colonel in the U.S. Army during the Black Hawk War; member of Missouri state house of representatives, 1834-36; circuit judge, 1837-48, 1862-63; Governor of Missouri, 1848-53; delegate to Democratic National Convention from Missouri, 1860; U.S. Representative from Missouri 6th District, 1863-65; defeated, 1852, 1864. Died in St. Louis, Mo., April 22, 1870. Original interment at a private or family graveyard, Ray County, Missouri; reinterment at Richmond Cemetery, Richmond, Missouri.
Representative from Missouri; born in Sullivan County, Tenn., September 21, 1802; attended the public schools; studied law; was admitted to the bar in 1822 and commenced practice in Jackson, Tenn.; moved to Columbia, Missouri, in 1830 and continued the practice of law; served as a colonel in the Black Hawk War; member of the State house of representatives in 1834 and 1836; moved to Richmond, Missouri, in 1837, having been appointed circuit judge of the fifth circuit, and served until 1848; conducted preliminary hearing of Mormon prisoners in the aftermath of the Missouri-Mormon War, 1839; Governor of Missouri 1848-1853; unsuccessful candidate for election to the Thirty-third Congress in 1852; resumed the practice of law in Richmond, Missouri; delegate to the Democratic National Conventions at Charleston and Baltimore in 1860; again circuit judge from 1862 until 1863, when he resigned; elected as a Unionist to the Thirty-eighth Congress (March 4, 1863 - March 3, 1865); unsuccessful candidate for reelection in 1864 to the Thirty-ninth Congress; resumed the practice of law; died in St. Louis, Missouri, April 22, 1870; interment in Richmond Cemetery, Richmond, Ray County, Missouri.
Following the Surrender of Far West Peter Burnett
Peter Hardeman Burnett (1807-1895) spent his early years in Tennessee and Missouri, serving as a district attorney in the latter state. In 1843 he joined an emigrant party bound for Oregon, where he became a prominent and controversial lawyer, judge, and politician in the new territory. In 1848, he went to California in search of gold. There he looked for gold for six months before resuming the practice of law and the pursuit of politics. Elected a judge in August and governor in December 1849, was one of the prominent business and political leaders of that territory. Burnett turned to the practice of law in the 1850s and took up the business of banking in the 1860s. His autobiographical book, Recollections and Opinions of an Old Oioneer (New York: D. Appleton & Company, 1880), contains Burnett's recollections of his early life in Missouri. Also his career in Oregon, and an examination of his decision to join a wagon train to California in the summer of 1848.
John A. Gordon
Mr. Gordon represented Joseph in the court action against Wm. McLellin. (See transcription.) He visited Liberty Jail on 16 January and 1 March.
Andrew S. Hughes
Andrew S. Hughes, a general in the Missouri militia, was involved at Far West. After Dr. Avard testified, General Hughes was brought in as counsel at Richmond. As a sleeper seated among the prisoners, he proved very effective. Later, Hughes visited the brethren at Liberty Jail on 18 January 1839, as a consultant for their attorneys. [Jessee, “Wall, Grates and Screeking Iron Doors,” 26, from Smith, “Memoirs of George A. Smith,” 123-25 Ms.; Burnett, Recollections, 64].
Amos Rees (Reese)
At Richmond, Andrew S. Hughes, Amos Rees, and Alexander Doniphan were the main attorneys, with Peter Burnett present but not helping. Although it is not known if Rees ever visited Liberty Jail, he was helpful in working with the prisoners in trying to obtain witnesses. Rees is shown on the 1830 census of Clay County as between twenty and thirty years of age with no other family.
During the siege of Far West in October of 1838, Amos Rees is mentioned by Liliburn [sic] Boggs, commander in chief of the Missouri Militia, in a letter to General John B. Clark. Governor Boggs identifies Rees as the source of information that put the Mormons in such bad light, the one impetus that started military action. Rees lived at Richmond but later moved to Daviess County, as is shown by many court records. Living in the county and being familiar with proceedings, Rees and Peter Burnett were the counsel during these legal proceedings at Gallatin held in a rough log school house of twenty-five square feet. [Burnett, Recollections, 64; Berrett, The Restored Church, 147, Burnett, 53-54; Clay County Census, Clay County Archives, Liberty, Missouri].
James T. Rollins
James T. Rollins from Boone County was an attorney for the defendants. He later became a state legislator from that county, and he had sympathy for the Mormon petitions and voiced it. But he was overruled by the tremendous pressures of the mob lobbyist. [History of Clay and Platte Counties, Missouri, 135; Johnson, Mormon Redress Petitions, 16:93].
Joel Turnham
Joel Turnham was the state judge who tried the brethren at Liberty on 25-30 January. He eventually released Sidney Rigdon. He, along with Justice of the Peace Abraham Shafer, tried the seven visiting brethren for involvement in an escape attempt on 7 February 1839. (See Exhibit 4.7) Turnham visited the jail on 8 January, 1 February, and 2 February. Although not an attorney, he was used for consultation at various times. [Burnett, Recollections, 55].
William T. Wood
William T. Wood was one of the first defending lawyers for the Latter-day Saints. He is the first listed along with A.W Doniphan, Peter H. Burnett, and two others as the committee to conduct negotiations for the 1835 Platte Purchase movement. He was a distinguished lawyer from Lexington and had been the Clay County court clerk in 1829 where he probably got his early training. Wood later became a circuit court judge at Lexington.
Wood was among the attorneys listed as helping the Saints as early as 1833. William Wood, along with Rees (Reese), Doniphan, and Atchison, was the first to sign a formal letter about finances, fees, challenges, and expectations involving legal matters concerning the Saints in Missouri. He strongly denied that the brethren were ever given human flesh: "As to the Mormon beef, human flesh of some of the brethren— All bosh!" [Clay County History, 2, Clay County Archives, Liberty Missouri; HC 1:424-25].
Cited in Thomas D. and Patricia C. Cottle, Liberty Jail and the Legacy of Joseph) Portland, OR: Insight, 1998).
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