Minutes and Testimonies, 12–29 November 1838, Copy and Letter [State of Missouri v. Gates et al. for Treason]
Minutes and Testimonies, [, Ray Co., MO], 12–29 Nov. 1838, State of MO v. Gates et al. for Treason (Fifth Judicial Circuit of MO 1838). Copied with letter ca. late 1838–ca. early 1839; unidentified handwriting; fifty-one pages; Mormons Collection, 1813–1970, Missouri History Museum.
appointed commander-in-chief of all the horse he could raise in . I inquired (inasmuch as I was commanding colonel of the militia of the ) how this was to be. President Smith told me that if it reduced my command to ten men, I must be satisfied with it— so I went home & retired to bed early— next morning about sun-rising I heard of the battle— Jos Smith Jr , & perhaps some others (who I think were not in the battle) went to meet those with the wounded— The following named defendents I saw in the troop return from the fight with , , I think, and Normon Shearer—
On the evening that the militia arrived near I got into , having been to hunt them that day to confer with them, When I arrived into , with about 100 men, I formed them on foot, I saw other Mormon forces formed in single line in the brush, in a position to receive the militia who were marching up. I -[went down and]- learned from Mr. Pomeroy -[of ]- that they were militia, and I told him they need not come up to fight we wanted to settle the matter without fighting, and for fear of a collision between the two forces, I ordered the mormons formed in the brush to retreat, at this time Jos Smith, Jr rode up, and upbraided me for such an order, & told me it should not be done. He then ordered the men to stand & talked harshly to me, charging me with cowerdice I knew it would not do to oppose his wishes and returned home— He went & took command of the forces, which I had with me that day, & which I had dismounted and [p. ]