Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason]

  • Source Note
  • Historical Introduction
Page [123]
image
the had learned that he might probably be attacked that night, & he was out <​on​> the edge of , to re discover if the mormons were making any movements indicating an <​intention to​> attack him— There was a conversation, at the house above, between John Lockart & the man of the house of a rough character in relation to Parsons as I understoot it— but did not distinctly learn anything said— I am Lieutenant of the company, and there was no orders, nor [illegible] given, nor was it understood that any member of the company was authorised to leave their homes order any citizen to leave their homes And further this deponent saith not:
Asa Cook
At this point, the testimony on both sides closed
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]]
had learned that he might probably be attacked that night, & he was out on the edge of , to discover if the mormons were making any movements indicating an intention to attack him— There was a conversation, at the house above, between John Lockart & the man of the house of a rough character in relation to Parsons as I understoot it— but did not distinctly learn anything said— I am Lieutenant of the company, and there was no orders, given, nor was it understood that any member of the company was authorised to order any citizen to leave their homes And further this deponent saith not:
Asa Cook
At this point, the testimony on both sides closed
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 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]]
Page [123]