Joseph Smith Action Against William E. McLellin
STATE OF MISSOURI
Clay Circuit Court April Term 1839 Clay County to wit
Joseph Smith Jr. complains of William E. McCleland [McLellin] being in the custody of Li[berty] J[ail] a plea of trespass on the case. For said whereas the said plaintiff here before to wit on the first day of September in the year of our Lord eighteen hundred and thirty eight at the county of Clay a — Jones and was lawfully prophicited [sic] as of his own property of certain goods and chaffles [sic] to wit of a library of books part of which were in the Hebrew and __________languages the balance in the english language treating of history, divinity and general literature, twenty yards of broad cloth, 20 yards of linen and forty yards of calico with various other articles value to wit of the value of five hundred dollars lawful money of Missouri (Continued)
and being so prophesied thereof so the said plaintiffs afterwards to wit on the day and year first above mentioned at Clay county aforesaid causually [sic] lost the said library of books, cloth, calico and other articles out of his possession and the same afterward to wit on the day and year last aforesaid at the county afore said come to the proposition of the said defendant by finding yet the said defendant well knowing the said library of books, cloth, calico and other articles to be the property of said plaintiff and a right to belong and appertain to him but contriving and fradulently [sic] intending craftily and outtilly [outwardly?] to deceive and defraud the said plaintiff in this behalf hath not as yet delivered the said library of books, cloth, calico or other articles or any part thereof to the said plaintiff (although often requested so to do) but so to hath hitherto wholly refused and still refuses, and afterwards to wit on the tenth day of September in the year eighteen hundred and thirty-eight at the county of Clay aforesaid mentioned and disposed of the said library of books, cloth, calico and other articles to his the said defendant's own use to the damage of the said plaintiff of five hundred dollars and wherefore he brings just do.
J. A. Gordon At-Plaff
Cited in Thomas D. and Patricia C. Cottle, Liberty Jail and the Legacy of Joseph) Portland, OR: Insight, 1998).