Minutes and Testimonies, 12–29 November 1838, Copy [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 ca. late 1838–ca. early 1839; unidentified handwriting; fifty-seven pages; Mormon War Papers, MSA.
& Smith Jos Smith Jr, as well as giving general information of the fact. I proposed to Mr Smith to go next morning and try to find them, to which he assented, I was disappointed in my effort & returned late in the evening to , Just as I arrived I saw the militia & I went down to them with a flag. I met with who recd. me, & told me there were about 1300 in number & that they were militia. On my return to I met with Jos Smith Jr, & informed him, that the troops were milita under 's command. (as I then supposed was the case) Mr Smith asked me their number & when I told him, he replied— keep up good courage we can whip that number if they make an attack upon us. Some other person came up at the time and enquired of me their number, and Mr Smith answered that Mr Phelps, who was a judge of numbers having seen troops before, said that there were about 250, as he would suppose. then whispered to me not to tell the men their number of the militia, that it would frighten them or damp their courage And further this deponent saith not.
At this Stage of the examination of the following named defendants vis. Ebeny Brown William Whitman and were brought to the bar of the Court and put upon their trial for the offences alledged against the other defendts. and time being allowed them to employ Counsel they retired and again returned to the bar appearing by their Counsel Messr. & the examination of was then continued. deposeth and further Saith that
was in the last expedition to and was Captain of a Company of 50 which I have spoke of as called the Fur Company. He went under the fictitious name of , when the men were paraded, they were called out as all belonging to s company my impression is that was not in that expedition, but he was captain of 12 men [p. ]