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

  • Source Note
  • Historical Introduction

Document Transcript

James C. Owens, a witness who was produced on a former day .& testified being called back further deposeth & saith: He does not think that was in the last expedition to .
I think he was left at , as Captain of the town guard, though he may have been in for aught I know And further this deponent saith not
James C. Owens
[remainder of page blank] [p. [1]]
(Remainder of s testimony)
I never heard make any inflammatory remarks, but I have looked upon him as one composing the first presidency, acting in concert with Joseph Smith Jr. approving by his presence, acts & conversations, the unlawful schemes of the presidency
I never saw and two of the Defnts. take any active part in the above measures testified to by me. And I have heard Joseph Smith Jr say he considered a coward & backward and ought to be forced out.
I was continually in the society <​or company​> of the presidency, receiving instructions from them, as to the teachings of the Danite band, and I continually informed them of my teachings, and they were well apprised of my course & teachings in the danite society.
The following of the Defens. were in the last expedition to Jos Smith Jr , Washington Vories, Jacob Gates, , , Moses Clawson, , John S. Higbey [Higbee] Ebenezer Page, James M. Henderson, , Joseph W. Younger, Henry Zabriskey, doubtful— James H Rawlins [Rollins]. Maurice [Morris] Phelps, doubtful—
And further this saith not.
Sampson [p. [2]]
a witness for the State produced sworn & examined. deposeth and saith:
I was in when the last Mormon expedition went to We heard of a great number of men gathering in -[mob]- I went down without being attached to any company, or without having any command. I found there were no troops -[mob]- gathered there. The Mormon forces consisted of about 300 as I suppose, They were engaged in scouting parties, some, it is said went to , and much mysterious conversation was had in Camps about goods, and that they were much cheaper there than in — this last remark was made by . I saw goods of various kinds but knew not from whence they came.— It was a common talk in camps that the mob were burning their own houses and fleeing off—
There was much mysterious conversation in camps as to burning <​plundering​> & house burning, so much so that I had my own notions about it; and -[on one occasion]- I spoke to Mr Smith Jr in the house, & told him that this course of burning houses & plundering by the mormon troops would ruin us. that it could not be kept hid, & would bring the force of the upon us, that houses would be searched & stolen property found. Smith replied to me in a pretty rough manner, to keep still, that I should say nothing about it, that it would discourage the men & he would not suffer me to say any thing about it.
Again, in a private conversation I said to him, I would not raise a mutiny by saying any thing publickly, but I wished to talk to him privately, not wishing how [p. [3]]
ever to set myself up above him in the matter but that I wished to do it, for the good of the Church— I knew this was the way I could get to talk with him. I explained myself more fully than when in the house, & told him I thought things were running to a dangerous extreme, & he ought to exercise his influence to stop it, as this course of things would ruin his people. He answered that I was mistaken and that I was scared & that this was the only way to gain our liberty & our point. That the mob had begun it with us in and had been kept up to this day & told me to be cheered up & not to oppose him & he pledged himself in some way that it would go on right— I replied I hoped for the better and that it would be better than I anticipated— both of the above conversations occured in at the time the Mormon troops were assembled there—
There was a council held the evening after I arrived at ,as I learned from & others, in which some officers were appointed. I do not recollect precisely how made, but I think was commander-in-chief of all the Mormon forces in county
Neither of the Mr Smiths seem to have any command as officers in the field, but seemed to give general directions—
I saw a great deal of plunder and bee-stands brought into camps, and I saw many persons for several days taking the honey out of them— I understood this property and plunder was were placed into the hands of the bishop at named to be divided out among them as their wants might require
There were a number of horses and cattle drove [p. [4]]
drove in, also hogs hauled in dead with the hair on, but whose they were I know not. They were generally called consecrated property.— I think it was the day before that was attacked. I saw start off with troops, as was said to Mill-Port, all this seemed to be done under the inspection of Jos. Smith Jr— I saw when he returned & the troops from return about the same time and I heard Smith find fault with for not being as resolute as to serve Mill-Port as they had served — this was remarked to me alone—
The following named defnts. were in the last expedition to — Joseph Smith Jr , , , I think, Washington Vories I think, , Martin C. Al[l]red, Wm Al[l]red I think— , , I believe— for a few days, Joseph W. Younger James W. Rollins for a few days, and Maurice [Morris] Phelps.
I returned into and received an order from to order out the militia of to defend the citizens against mobs. I issued that order to the different officers, but found them very much disorganized, and I inquired the reason why,— they answered they cared nothing for their commissions. that the organization of the danite band had taken all power out of their hands— under the order considerable men turned out, but were not regularly enrolled—
On the day before the battle with , there was a council held in , in which was [p. [5]]
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. [6]]
and formed as above stated, and he marchd them down to the other line of mormons who were formed to receive the militia It was generally believed by all in for several days previous to their arrival, that the militia were coming out, and that these forces when they arrived were militia
<​Along thro’ the week that the fight was had with ​> It was a general understanding, given out by Jos. Smith Jr that he calculated to fight any forces who should come against them, whether militia or mob, and if they pushd them too tight, they would march through Jefferson City— or the calculation was that they would push the war to that effect.
I have heard Jos Smith Jr say that he believed Mahommet was a good man, that the Koran was not a true thing, but the world belied Mahommet, as they had belied him, and that Mahommet was a true prophet.
The general teachings of the presidency were, that the Kingdom they were setting up was a temporal as well as a spiritual Kingdom. that it was the little stone spoken of by Daniel— Until lately the teachings of the church appeared to be peaceable and that the Kingdom was to be set up peaceably; but lately a different idea has been advanced— that the time had come when this Kingdom was to be set up by forcible means if necessary— It was taught that the times had come when the riches of the Gentiles were to be consecrated to the true Israel— This thing of taking property was considered a fulfilment of the above prophesy
The preachers who were sent out to preach their doctrines were instructed to direct [p. [7]]
their converts to come up to , meaning this upper part of
I think, the evening the militia arrived, Smith had a disposition not to fight them, from what I could understand, more on account of their numbers, their than their character.
I heard it said, but whether it was in the council where was chosen commander-in-chief, or where, I do not recollect but I heard it stated, I think by Jos Smith Jr, that the militia was a mob, and that the state of was a mob, or words to that effect.
When opposing Prest. Smith at above referred to about the plundering of property, he remarked it was impossible so many people could subsist there without resorting to something of that kind.
After we came in from to from the last expedition to Jos Smith Jr said he intended to hoist a new flag or standard on the square in , on which he intended to write Free Religion aside & free toleration to all religions, & to all people that would flock to it’ & that he believed thousands in the surrounding country would flock to it and give him force sufficient to accomplish his designs in maintaining his flag, & in carrying on the war—
The morning that I marched out of , to meet the militia to confer with them, as above refered to, Jos Smith Jr made a speech to the troops who were called together, in which he said, That the troops which were gathering through the country were a damned mob; that he [p. [8]]
he had tried to please them long enough that we had tried to keep the law long enough, but as to keeping the law of any longer, he did not intend to try to do so, that the whole was a mob set, and that if they came <​to​> fight him, he would play hell with their apple carts— He told his people that they heretofore had the character of fighting like devils but they should now fight like angles [angels], for angles could whip devils—
While in on the last expedition, I mentioned the great difficulties, the course they were pursuing would likely get them into— they replied reply was by several a number of them, that as the citizens had all fled, there would be none to prove it by but themselves, and they could swear as they pleased in the matter— these I believe were of the Danite order, and I understood from them that they could swear each other clear if it should become necessary.— While at , I heard a conversation about having commenced the war and I expressed doubts as to their being able to get along with it in the community; in that community conversation while many were present I heard say that the sword had now been drawn & should not be sheathed until he had marched to in Carroll county, into , and into many other places in the , and swore that he was able to accomplish it. While the <​last​> expedition was in progress in , a portion of the troops returned to and was paraded [p. [9]]
on the square before ’s house— addressed them in a cheering & encouraging manner in the course they were pursuing, he held in his hand a letter sent from Jos Smith Jr, in county, in which he said there was a profound secret, and the boys who were present were sent away, the letter was as near as I recollect it as follows: That our enemies were now delivered into our hands, and that we should have victory over them in every instance— the letter stated that in the name of Jesus Christ he knew this by the Spirit of prophesy—
Since the return from , Jos Smith Jr told me, in refference to his plans, that if the citizens of and surrounding country rose & went out there to fight them, that he intended to have men to slip in behind them and lay waste the country & burn their houses.
In the council in , a few days before the militia came out, I recollect in making arrangements for the war, the presidency was to have the supreme rule & that their war office, or head quarters was to be at , where, Jos Smith Jr said, they could have all necessary preperations to carry on the war in a war like manner, & they were to have gone in a day or two to take their seats—
At the time J Smith Jr & myself were under guard at he manifested a a great disposition to converse about our difficulties, & said he heard I had turned against him, and proposed to me the idea [p. [10]]
idea of hanging together and of not testifying against each other, and if we suffer all suffer together— I felt myself awkwardly situated as I had heard that there was a combination of the Danites against me. I told him I would testify to nothing but the truth let it fall on whom it may would— And further this saith not—
 
William Splawn a witness produced sworn, & examined for the state deposeth & saith: -[He is a citizen of ]-
I was at Eli Bagley’s in when an armed company of men, about 10 or 12 in number, <​-[came there]-​>— James H. Rollins & Jesse D. Hunter, two of the Defts. were of the company that came to Bagley’s. They enquired of who I was, and if I was a mob character, and learning that I was not they let me alone. They enquired for and said they heard he was a mob character & had gone for men to fight them, & that if they got their eyes on him they would take his life, and that he had better keep out of the way—
To be positive that Hunter was of the company, I will not, but I have little or no doubt of it from his appearance— This was on Saturday before after I learned that was burnt, the thursday before.— and during the time that the mormon troops were in county. And further this deponent saith not
William Splawn
 
Thomas M Odle a witness for the state, produced sworn & examined deposeth & saith:
On the saturday after [p. 11]
was burned burnt an armed company of twelve men rode up to ’s house in County, where I resided, They enquired for , I told them where he had gone, They said their object was to drive the mob from the , and that I must go. I replied that I could not that I had no way to get off, and that my family were barefooted; they replied that made no difference I must go, and said if I was not gone by next morning sun-rising they would take my life. They told Mrs [Flora Storm] Raglin she must put out, that there she could not stay, and that had better never show himself there, that they would take his life if they ever set their eyes on him— Next morning by the assistance of friends we did start leaving most of our property there. Since then I have returned and found the houses burnt & the property gone, consisting of household stuff & 29 bee-gums. The company above mentioned enquired for guns, and got down & took one gun from the house belonging to one Joseph Littlefield— They further said that they had been driven as long as they were a going to, that they had got strong enough now to defend themselves, that they intended to do it by the sword, that they were at the defiance of any set of men that could come against them & that they now intended to make it a war of extermination— The following of the Defts. were in that company viz James H. Rollins Jesse D. Hunter, , & I think from his appearance, that Maurice [Morris] Phelps was there but may be mistaken. Hunter appeared to be captain or commander of the company as he did [p. [12]]
did most of the talking, but most all of them had something to say—: And further this deponent saith not
X <​his mark​> Thomas M. Odle
 
a witness for the State, produced sworn & examined deposeth & saith:
I was in when the Mormons made an attack upon it, which took place one thursday in October. All the persons that were there left the , and the mormons as I believe they were, to the number of about 150 or 200 all armed took possession of the , & the store and other houses were burnt, as I learned that evening. And further this deponent saith not.
X <​his mark​>
 
Jeremiah Myers <​Allen Rathbun​> a witness for the state produced sworn & examined deposeth <​& saith​>:
On the day before the battle with . I was in , and early in the morning Danl. Carn one of the defnts. here asked me to help him grease his waggon; I did so and asked him where he was going. He said he was going out to ’s in , that there were about 40 Bee-stands there, that they were going for— Directly after, I was down at ’s store, in , there was a company of ten or a dozen men there, with two or three waggons I heard ask for Brimstone; some of the company said they had two pounds. answered that will would do— Mr [Jesse D.] Hunter one of the Defents. here gave the word of command [p. [13]]
and they marched off— Mr Danl. Carn with his waggon with them. Late that evening I saw Mr Carn’s waggon at his Grocery door in . I saw Carn & unloading it. The waggon was loaded with one Bee-gum, and household stuff consisting of beds or bed clothes kinder tied up, also there were onions in the waggon.
Mr Carn that evening remarked that there would be in, that night, a considerable number of sheep and cattle, and further remarked that it looked to him sometimes that it was not right to take plunder, but that it was according to the directions of Joseph Smith Jr and that was the reason why he did it.
The next morning I saw a considerable number of sheep on the square in near about 100. I then left & returned home in the east part of , having been summoned to by my militia <​Captain​>, but performed no military duty while there.
And further this deponent. saith not—
Allen Rathbun
 
Jeremiah Myers— a witness for the state, produced sworn & examined deposeth & saith:
I was in the last expedition to being summoned from my home in the East part of by my militia officer to go to — where I was told we had to march to , and did so.
I think it was the third day after our arrival at that s company [p. [14]]
company of about 100 men started out, and not until we got near to did I learn where they were going— I was then told that there was a mob in and that we were going to disperse them. When in about half a mile of we formed and rushed into with a hurrah, I saw only two men who were running others said there were about fifteen We gathered up around the store, and some went in hallooing to “bring them out here” supposing there were men in the house—
About this time myself and another man returned to camp at — That evening I saw Store goods at the bishop’s store, and was informed by Mahlon Johnson, one of the company to , that the goods taken from the store in were the goods I saw <​deposited​> at the Bishop’s store; they were called and considered consecrated property— & that they were to be dealt out by the to those who stood in need.
I saw parties going out & coming in, while in camps, but saw no property come into our camp— but I saw a pen of cattle which were called buffalo.
The following of the defents. were in the last expedition to Joseph Smith Jr (who resides in ) Washington Vories, Ebenezer Page, , Danl Carn, James H. Rollins, and Maurice [Morris] Phelps I think was there.
I never saw in command during this expedition, my camp was half a mile from ’s and I staid pretty constantly about my own camp. I do not recollect that I was in any other expedition than the one to . [p. [15]]
There was some property brought into by the Mormons as their own, this was not deposited with the , but they took it themselves. And further this deponent saith not.
Jeremiah Myers.
-[At this stage of the examination the following named defendents James Newberry, and Sylvester Hewlett were brought to the bar of the court and put upon their trial for the offences alledged against the other defendents, and time being allowed them to procure counsel, they informed the court that they were ready to appear by themselves & their counsel John R. Williams, Esqr, the examination then progressed]-
 
Andrew J. Job a witness for the state produced sworn & examined deposeth & saith:
While the Mormon troops were in in the last expedition, I was taken prisoner by as he was called, who I have since learned was a . While they were getting me into , about midnight I passed on between Mill Port & that and counted ten houses on fire. James H. Rollins, Ebenezer Page, James M. Henderson, , and Sidney Tanner, were of the company that took me prisoner.
When the houses were burning, I heard Ebenezer Page say that the mob were burning their own houses and would lay it on the Mormons. I observed it was curious they should burn their own houses he replied, it was, but they were doing it so.
I arrived at that night a prisoner, and was detained there until next morning about daybreak when I, Ira Glaze & William Bone, who were also taken prisoner [p. [16]]
prisoners— were turned loose by , & told that he would give us four hours to leave the , and if they caught us after that time we should not live any longer— Before we left, I heard say come boys feed your horses and get your breakfast, we must try and scatter the mob.
After I left I went to my step mothers and made efforts to get out of the .
After the Mormons surrendered at to the militia I went with my step mother to to hunt for her property which had been left at the house when she moved, & which was missing on her return, such as beds, bed clothing, knives & forks, a trunk &c. On examination we found at the house of , & upon his bed stead a feather bed, which I knew to be the one that was left by her at the time she fled from the Mormons. I knew the bed from its appearance, it was the tick was striped and pieced at the end, and the stripes of the piece turned cross-wise Also we found in ’s house a set of knives & forks which I knew were the same left at the house as above stated.
My step-mother left her residence, (in two miles of ), where she left the above articles, on wednesday before I was taken prisoner, which was on the sunday night after— And when at , the night I was a prisoner, I slept on that same bed, as I believed it to be, at one Sloan’s (as I understood his name to be). [p. [17]]
When my step-mother left her home, near , where the above articles were left, she went into the lower part of — to which place I went when turned loose as a prisoner. My father’s name is Robert Job. And further this deponent saith not.
X <​mark​> Andw J. Job
 
Freburn H. Gardner. a witness on behalf of the State, produced, sworn, and examined deposeth & saith:
I was pressed to go in the expedition against , and went part of the way, as far as to Bragg’s place, about seven miles from s camp. While there I heard who was called , lecturing the troops— heard him direct his men how to shoot— to bring their guns up on a rise to their object, & hold their breath & fire & generally they would make a deadly shoot— and that those they were a going to fight should not be able to hurt them, that their pieces should be elevated too high, or held too low.
When called on that night to go, I was informed by the man who came for me that the object was to disperse a mob, down on — I proceeded no further than to Bragg’s place— I left & returned home—
The following named defendents were in the expedition against , to wit , as he told me— Washington Vories was not in the expedition, he stated he had no horse to ride, & that if I would not go, he wished to get my horse to ride, that he might go. I replied if the [p. [18]]
the horse went I must go with he it. He answered I might have his gun (as I had none) but that he would rather go himself. I took his gun & joined the company as above. And further this deponent saith not.
Freburn H
X <​his mark​> Freeburn H Gardner
 
a witness for the state produced sworn & examined deposeth & saith:
In the latter part of June last, immediately after the Whitmers & left I fell into company with Joseph Smith Jr & . Jos. Smith Jr. said there were certain men using their influence against the <​proceedings of the​> presidency, & if they were suffered to go on they would do great injury. And Smith told — the first man he heard speaking against the presidency & against their proceedings, he must tie him up and give him thirty nine lashes, and if that would not do give him 39 more, until he was sorry for what he had done <​said​>. and said he would do it.
About the latter part of July I heard say. and , and he strongley suspected were using their influence against the presidency of the Church, and furthersaid & were men of <​great​> influence in the country & their influence must be put down.
I did not go out -[with the troops]- in the late expedition to , but my teem was pressed. Four or five days after the Mormon troops had gone out, I learned that one of my horses was sick & that I had better go out & attend to him. I went out to [p. [19]]
I went out to & got there in the evening, remained there that night & returned next mor home to next morning. While in I saw a great deal of plunder brought in consisting of beds & bed clothes. I also saw one clock & I saw 36 head of cattle drove <​in​> & put into a pen, All the above property was called consecrated property, and I heard , one of the Mormons was who was engaged in assisting to drive the cattle in, say that they had taken the cattle from the citizens of the Grind stone fork, and said he had made a valuable expedition—
I saw there who had a gun barrel in his hand I asked him where he got it, & he told me, that the evening before he had set a barn on fire, & that he heard the gun go off while the house was burning & he went back and got the barrel out of the ruins of the house barn.
The following of the Defents. were in the last expedition to — Joseph Smith Jr , , , — I think was not there. was there, was there, John Buckhannan was not there, Jacob Gates I think was there, was there, Jesse D Hunter & were there. Elijah Newman went out when I did & I think returned next morning. there were some families going to & Newman went as one of a guard to guard them out. was not there. was there & returned while the Mormon troops were in with an express from to for some waggons to move off families [p. [20]]
families. was there John S. Higbey [Higbee] I think was there. was there, was there and returned in a few days. I think Silas Manard was not there. Daniel Carn was there. I think was not there <​out​>. I think I think was in during the expedition—
Two or three days before the surrender of the Mormons to the militia at , I heard Joseph Smith Jr say that the sword was now unsheathed, and should not agained be sheathed until he could go through these , and live in any county he pleased, peaceably. I heard this from him -[also]- from him before the last expedition to : when & Mill-Port were burnt, as well as afterwards, & I heard it on several occasions— I never heard Joseph Smith Jr say that he would disobey the laws of the land . The following of the Defts were in the last expedition against , , & Norman Shearer. I think was not there, Joseph W. Younger was not there.—
While the last expedition was goin on in , there was a meeting in , in which Mr presided, there were present between 60 & 100 men; a guard was put around the house & one was placed at the door. said, That the last man had run away from that was a going to, that the next man who started he should be pursued & brought back dead or alive. This was put to vote, and agreed to with [p. [21]]
out any one objecting to it. He further said that “one man had sliped his wind yesterday, & had been thrown aside into the brush for the buzzards to pick, & the first man that lisped it should die” At this meeting Companies were chosen some to procure wood for the town, & some to procure meal for the army at , & also for the families of those who were in the expedition to & one company for spies. said that these companies were necessary and appointed men as heads of the Companies to make them up. further stated at this meeting that the enemy were then in their hands & that they should prevail. He gave instructions to the spy Company, that they should go out to & surrounding country, to learn the movements of mobs, and that if they found any mob burning houses in , be sure said he that you do the same thing to them. was the Captain of this Spy Company. It was stated in this meeting that the object of organizing a spy company was to be able to guard against mobs which they said were coming on them from all quarters—
When was instructing the Spy company, or apparently in conversation with them above refered to, I heard it said that if they could not get rid of the mob in any other way, they could poison them to death. At the time of this last remark I was engaged in other conversation & did not hear all that [p. [22]]
that conversation.
When was raising his company to go against , he remarked that it (’s Company) was said to be militia, but it was a cursed mob, and that in the name of the Lord he would go and disperse them.
And further this deponent saith not.
 
Elisha Camron a witness for the State produced sworn & examined, deposeth & saith:
The day before the battle with I was in & was taken prisoner. I saw and informed him that they were raising militia in and that there was no mob out. He appeared to be very angry, and said he would fight any body that might come against him them, that he did not care what came.
My oxen that I drove with me were taken & put to work, as I was told, and I did not recover them until after the mormons surrendered to the militia when conversing with me as above, appeared to be friendly with me as he had been before— And further this deponent saith not.
Elisha Camron
 
Charles Bleckley a witness produced sworn & examined for the state deposeth & saith:
That at the time when one of the houses was burning at Mill Port was burning, I saw Joseph Smith Jr and two others sitting on their horses looking at the burning. I also saw a [p. [23]]
, & a young Mr Morin, both of whom lived in about half a mile of the place there also.
Some of the company on horseback said the citizens had commenced it with them and they intended to take satisfaction. Most of the houses at Mill Port had the appearance of having been burnt several days before. told us we might get our families out of the in peace, that he nor no person he could control should hurt us them, nor would they interrupt any unarmed persons— He said he had no desire they should leave the if they could live in peace— And further this deponent saith not.
Charles Bleckley
 
James Cobb a witness for the state, produced sworn & examined deposeth and saith.
That at the time -[one when]- one of the houses at Mill-port was burning, I was there, & saw Joseph Smith Jr, , , & two others all on horseback, and , and a son of Mr — The house which was a stable had just got in a good way of burning— And further this deponent saith not.
James Cobb
 
Jesse Kelley a witness sworn produced sworn & examined for the state, deposeth & saith: That he is a citizen of ,
that about 4 days after the burning of & Mill -Port myself & Addison Price was <​were​> surrounded [p. [24]]
surrounded in a house in & taken prisoners by a company of Mormons. They took from me three guns & a butcher knife. the Deft. was Captain of the Company. another Deft. was in the company. The asked us if we belonged to the mob, we replied not. He then said we had better join them and come into for protection, I replied that I would consider of the that. Mr Price said to them that he had moved his family into . The then said if we did not wish to fight them we must leave the for we intend said he, after we get possession of to take and after that keep on till we take possession of the whole
The then asked Mr Price if he knew whether the would be up or not. Price answered he did not know. The then remarked he wished he would come up, that his scalp he would have rather have than any other man’s.
There were 30 or 40 <​armed​> men in this company in this company, and after carrying us about 4 miles on towards , they released us. telling us we must leave the immediately, & if we did not want to fight them we must leave the immediately for the they intended to have.
They said it was the mob who had plundered and burnt their own houses in and then layed it on the Mormons— A number of the company had something to say [p. [25]]
pretty much to the same import with what was said by the — And further this deponent saith not.
Jesse Kelley
 
Addison Price a witness in behalf of the State produced, sworn, and examined, deposeth & saith:
I am a citizen of County. That about 4 days after Mill-Port was burnt I was taken prisoner, together with Mr Kelley by a company of armed mormons near 40 in number. They took from me a butcher knife and three guns one a shot gun & two rifles bullet moles [molds?] & a bar of lead, and a butcher knife & three guns, one a shot gun and two rifles from from Mr Kelley as he has himself stated. The guns were taken from Mr Kelley after they had taken us back to Mr Kelley’s house where they found them, we having been taken prisoners about two miles from there. one of the Defendants here was captain of that company & they sometimes called him general. And was also of the Company.
The on finding that I had removed my family & plunder into asked why I did so? I informed him, that as I had understood that when they came to <​a​> house they would take the beds, bedding &c off. I moved mine in time to save them. He advised me to go to them for protection, as there was obliged to be war then, and I would have to fight on one side or the other. I replied, I did not think there would be war, he said there would oblige to be and [p. [26]]
and if I did not wish to fight I must leave the . He frequently in making these remarks raised up his right hand & warned me in the name of the Great God to leave the , and that I had better leave the — It was said by several of the company that as soon as they had rid rid they would have , and before they stop[p]ed they intended to have the state—
They asked me if I knew whether any one had gone for the . I answered I did not know; they said they understood he had been sent for, and was comeing up into the country to see what was going on. they said they only hoped he would, that they intended to scalp him the first man, as soon as he did come for he was nothing but an infernal mob himself— There was a great deal more said in the way of threats. They inquired of me if I knew if there were any mobs comeing against them. I answered that I knew of none, they said that the whole was a mob— I asked them what they called themselves, they answered they were militia—
After carrying <​us​> on towards (where they said they intended to take us) about 4 miles, they released us— This company bore a white flag with them— And further this deponent saith not.
Addison Price
 
Samuel Kimbel, a witness on behalf of the state, produced sworn & examined, deposeth & saith:
That I reside near , and was repeatedly warned and my life threatened if I did not go to [p. [27]]
and take up arms. About a week before the surrender of the mormons to the militia, I went to , my name was enroled & I was forbid to leave the . and was paraded twice a day, & the roll called—
While there I heard Joseph Smith Jr in a speech to the company of perhaps 200 under arms say, It was impossible to please a mob, that he had applied to the , & he understood the said he could do nothing for us. He said that the whole was a mob & that the was nothing but a mob, and if he came upon them he would make war upon him, He cursed the as a damn mob, and said that God would damn them, He observed that the people might think he was swearing, but that the Lord would not take notice of it. And further this deponent saith not.
Samuel Kimbel
 
a witness for the produced sworn and examined, deposeth and saith:—
About the 17th of April last at a meeting of perhaps 15 or 25 in Joseph Smith Jr spoke in refference to difficulties they had had & their persecutions &c in and out of the Church. Mr Smith said he did not intend in future to have any process served on him, and the officer who attempted <​it​> should die. That any person who spoke or acted against the presidency or the Church should leave the or die. that he would suffer no such to remain there— that they should lose their head who was there present, observed “the head of their influence I suppose.” Smith replied yes he would so modefy it. then [p. [28]]
then got up and spoke in connexion with what Mr Smith had been saying, and in speaking of the head of their influence he said that he meant that ball on their shoulders called the head, and that they should be followed to the ends of the earth. further remarked, that he would suffer no process of law to be served on him hereafter.
Some time in June, after had preached his “salt sermon”, I held conversations with several mormons on the subject of that sermon, & the excitement produced by the course and conduct of the presidency. Among others I conversed with . I spoke of the supremacy of the laws of the land, and the necessity of at all times, being governed by them. He replied that as to the technicalities niceties of the law of the land he did not intend to regard them. That the Kingdom spoken of by the prophet Daniel, had been set up, and that it was necessary every kingdom should be governed by its own laws.
I also converesed with on the same subject, who answered when I spoke of the supremacy being governed by the laws & their supremacy, that when God spake he must be obeyed whether his word came in contact with the laws of the land or not. and that as the kingdom spoken of by Daniel had been set up, its laws must be obeyed. I told him I thought it was contrary to the laws of the land to drive men from their homes, to which he replied such things had been done of old, & that the gathering of the [p. [29]]
saints must continue, and that dissenters could not live among them in peace.
I also conversed with Mr J. Smith <​Jr​> on this subject. I told him I wished to allay the then excitement, as far as I could do so it. He said the excitement was very high and he did not know what would allay it, but remarked he would give me his opinion which was, that if I would put my property into the hands of the bishop & high council to be disposed of according to the laws of the Church, he thought that would allay it and that the Church after a while, might have confidence in me. I replied to him I wish to control my own property. In telling Mr Smith that I wished to be governed by the laws of the land, he answered “now you wish to pin me down to the law”
And further this saith not.
 
, a witness for the State produced sworn & examined deposeth & saith:
The day after Mill-Port was burnt, in the evening, I went up to Mill Port in Company with young Mr Morin directly after our arrival I saw Joseph Smith Jr. and two others ride up, Mr Cobb the mail carryer rider and several of the Bleckleys came up also.— Cobb observed “see what the damned mormons have done” speaking of the burning asked how he knew it was the Mormons. He said they had burnt , some of the mormons replied that was burnt by the mob from Platte Cobb [p. [30]]
Cobb then remarked that all and were turning out to come against them. or Smith said observed he did not believe that was true; said their cause was just, he considered they were acting on the defenceive and he would as soon 50,000 should come as 500. And further this saith not.
-[At this stage of the examination Clark Hallett and were were arraigned, & having time allowed them to procure counsel They informed the Court they did not wish counsel and knew of no witnesses that they desired and that they were ready to progress in any trial that might affect them. whereupon the trial progressed— ]-
 
George W. Worthington a witness on behalf of the State produced sworn & examined deposeth <​& saith​>
It was on thursday, about the 18th day of October last that was taken by the Mormons. I reside in about a quarter of a mile of town. About 100 Mormons commanded by as I have since learned, rushed into . Seven or eight of the Citizens were there, who immediately fled. A portion of the Mormons, about 50 surrounded my house. They took a horse, saddle, & bridle out of my yard belonging to -[of ]- They attempted to take my mare also, but ultimately agreed to let me have her [p. [31]]
But they took my gun. I wished to know the name of the man who got it, so that I might get it at some future day. The told me I need not ask for names for they would not be given— They then all went up into , as they said to attend to that store. Shortly after, three or four of them returned to my house again, one of them was one of the Defts. here, they Came after a Mormon girl who was at my house, and they told me, that if I belonged to neither party I had better put off & take the best of my property with me.— After they left, I went up into to see after some books, notes & accounts. I had up in , but could not get hold of them as they had been left taken— I met with one of the company some distance from the store, who told me if I would go to I could get them, as well as a coat pattern, which had also been taken This person advised me to go to or for protection— I turned off from him to return home— I looked towards the store-house & saw the smoke in the roof and in a short time the flames burst out of the top of the house. I thought it best then for me to put out seeing they were burning. It alarmed me, and I fixed & did start that evening leaving something like 700 hundred dollars worth of property in my house. After I left, my house my was burnt & the property gone.—
Since then I have seen some of my property in a [p. [32]]
a vacant house in , some in a store house, and some in a house said to be ’s, all in these articles consisted of a clock, two glass-jars, a boxcoat, a paper of screws, some paints, a canister of turpentine & some planes, chissels, square &c These were found since the surrender of arms in by the Mormons I saw a number of articles also I saw at the time in , at the time I was seeking after my property, which I believe were taken from ’ store, consisting of a leghorn bonnet, a castor, screws & hinges or butts, which I knew belonged to — I saw a number of articles which had been concealed under ground consisting of pots, ovens, and skillets, among them a pot belonging to myself. And further this deponent saith not.
Geo. W. Worthington
 
Joseph H. McGee, a witness for the state produced sworn, & examined deposeth & saith
On thursday the 18th day of October, I was at Mr Worthington’s in when the Mormons made an attack upon . Mr Worthington had a pair of saddle-bags in my shop -[in ]- with notes and accounts in them and he requested me to go up to the shop & try to secure them. When I went up the Mormons had broken open my shop & taken them out. out <​One​> of them had put the sadd[l]e-bags on his horse, and I asked him for them. He answered that he had authority from Capt Still to take them, & would not let me have them. He then [p. [33]]
told me I must go up to the store, I went along, and when I arrived there, Clark Hallett one of the defts. told him, that he knew little Joe McGee, that there was no harm in him & to let him go. I was then turned loose— While at the store I saw the Mormons taking the goods out of the store-house and packing many of the articles off on their horses. a number of barrels & boxes were rolled out before the door When these men who had goods packed before them rode off, I heard a man who remained at the store halloo to one of them, to send four waggons. I went down to Mr. Worthington’s and in returning towards the store again, a short time after, I saw the smoke & flames bursting from the roof of the store-house, and three men comeing out of the house, who immediately rode off.— The balance of the company had just previously left, except two who were at Mr. Yales a citizen there guarding him—
I heard order the men to take out the goods before the house was set on fire— I also saw there in the <​mormon​> company
The following articles were taken out of my shop, in addition to Mr. Worthington’s saddle bags— two bed quilts, a black broad cloth coat, three pair of pantaloons, two vests, a round about, two shirts, a pair of socks, a looking glass, a pair of shoes, and some trimmings such as thread buttons &c all belonging to myself— 5⅓ yds Broad Cloth with trimmings also a vest pattern & trimmings belonging to Mr [p. [34]]
Mr. Worthington, and 2⅓ yds of cloth and the trimmings belonging to James Handley Also 3½ yards of Cloth, & a vest pattern and trimmings belonging to Maberry Splawn 7 yards of Jeans and trimmings belonging to Enoch Riggs, also 4 yards of Jeans and trimmings belonging to Thomas Gilreath also 4 yards of Jeans <​& trimmings​> belonging to Mr Chreek Creekmore, & 3½ yds of Jeans and trimmings belonging to James Bleckley.
And further this deponent saith not.
J. H. McGee
 
John Lockhart a witness for the state produced sworn, & examined, deposeth & saith: That he was in ’s company and was one of the piquet guard on the morning of the attack.
Myself and the other guard, were standing at the same tree, near the road, about a quarter of a mile from the camp, And about day break we discovered men approaching us in the road, When the front of them got within about 15 or 20 steps of us, the other guard raised his gun, I told him not to shoot but to hail them, He hailed them and asked, “who comes there” they replied a friend, but still moved on, I hailed the second time & bade them to stand, I asked who was there, they answered a friend, I asked them if they had any arms? they replied a few— I told them to lay down their arms and go off and leave them; they told me to come and get them, I again told them to lay them down & leave theme— They made a noise with their guns as tho’ they were laying them down, and again told us to come [p. [35]]
and get them— I could see clear enough to perceive that they had not laid down their guns as they said they had done, but had them on their shoulders. At that time I discovered one of the men strike the ground with his sword, and immediately I heard a percussion cap burst without the gun’s firing I told the other guard to shoot as that they had bursted a cap at us, I and immediately I raised my gun and fired— the other did not shoot.
We then run to the camp where in a few moments the mormons arrived, and the action commenced
When we were placed on guard we had express orders to hail before we shot at any one. The company we hailed in the road was the same, who attacked us— And further this deponent saith not.
X <​his mark​> John Lockhart
 
Porter Yale a witness for the state, produced sworn & examined, deposeth & saith:
I was a , at my fathers when the Mormons made an attack upon it, and burnt it. When they surrounded my fathers house they took two guns, one a shot gun and one rifle— In going to the door, I saw one of them taking my mare out of the stable, I went over to see what he was doing, who observed, “that it was a pretty good mare”, and was about putting a bridle upon her— I told him if she went I would go along, (as I was determined to stick to my nag.) He replied that he wanted me to go— I then caught my mare and went with the company to , where they kept— [p. [36]]
kept me two or three days. There appeared to be about 100 mormons -[at ]- and a portion of them left with me for , others were behind coming on. Most of them had goods packed before them on their horses, which had been taken from ’ store. Two men went on ahead for waggons, and on my way to , we met two or three waggons which they said were going after the goods— I left before the store was set on fire, but I heard some one of the company command to take out <​all​> the goods out before setting the house on fire.
The following of the Defts. were in this expedition to Ebenezer Page, Maurice [Morris] Phelps, & . And the following of the Defts. I saw at while there. Joseph Smith Jr. , & James H Rollins.
I was in three days, and during that time saw a great deal of plunder brought in. Companies went out every day, a great deal of honey was also brought in. Also cattle and hogs— all which was called consecrated property I was a stranger to most of the men I saw. And further this deponent saith not—
Porter Yale
 
Benjamin Slade a witness for the State produced sworn & examined deposeth and saith:
I was in a meeting, at the school house in , while the Mormon troops were at in the last expedition— After the assembly had got into the house a guard was placed at the door. got [p. [37]]
got up and in a speech said: that the time had now come when every man must take his part in this war, and that they had been running away & leaving , & that the last man had now left the that should be allowed to do so.— A formal vote, by way of resolution or covenant was put that if any man attempted to leave the , any one of the company then present was to kill him, and say nothing about it, and throw him into the brush. when this was put to vote, I heard no one vote against it. then called for the negative note, and said he wanted to see if any one dared to vote against it. there was no negative vote. There were other questions put & voted on, but I sat at the back part of the house, and did not distinctly hear what they were. I heard say, that “yesterday a man man had sliped his wind and was thrown in the brush.” “and said he, The man that lisps it shall die”— Several companies were called for & made up at this meeting— a spy, provision, & wood company &c And further this deponent saith not.
Benjamin Slade
-[At this stage of the examination, the following defendants, on motion of the Attornies, prosecuting on behalf of the state were discharged there being no evidence produced against them— viz: , John Buckhannon, Andw Whitlock, Jedediah Owens, , John J Tanner, Danl S. Thomas Elisha Edwards Benjamin Covey, David Frampton, Henry Zabriskey, Allen J Stout. Sheffield Daniels [p. [38]] Daniels. Silas Manard. Anthony Head John T. Earl. Ebenezer Brown. Sylvester Hewlett, Chandler Halbrook. Martin C. Al[l]red, & Wm Al[l]red.]-
 
Ezra Williams a witness on behalf of the state produced sworn & examined deposeth & saith:
I was in the last expedition to county and saw the following of the Defts. there to wit: Joseph Smith Jr, , , , , Jacob Gates Jesse D. Hunter, , , Geo. Kimbel, Maurice [Morris] Phelps, Norman Shearer, and . and the following named deft. was in the fight with . viz Norman Shearer.
I was in ’s company when he took , & robd the store
The goods were packed off, a great many of them before the men on their horses— My often gave me some, which I packed off before me, to , They were deposited in a house on the river bank.— And further this deponent saith not.
Ezra Williams
 
Addison F. Green. a witness for the state, produced sworn & examined deposeth & saith:
The following of the defendents were in the expedition against . to wit . Norman Shearer, and . I saw Joseph Smith Jr , and , come riding up from towards meeting the company who <​had​> that morning fought with — They met the company [p. [39]]
near the timber of Log Creek in — I was one of the spy company from and the evening before the fight had taken me prisoner in , but released me the same evening, and told me I could go home, but I thought proper to remain with them in Camps that night—
I was at a meeting in the saturday before the fight with , in which a spy & other companies were organized. I heard , speaking of those who would attempt to leave the at that time say, it was the duty of any present, if they saw such movements to stop the men, and if they persisted in going, he said something about sending them to the other world to tell their hellish news. or something like this—
The evening that I and one Pinckum were taken prisoners (who was liberated when <​I​> was) our two horses were taken also I know of no body about, who could have taken the news to .
And further this deponent saith not:
A F Green—
 
John Taylor. a witness on behalf of the state, produced sworn & examined, deposeth & saith:
In the morning of the battle with I was on the prairie a short time after the battle, and saw the Mormon company on their return— I saw one of the defts. in the company, this was about 1½ miles from the battle ground— charged me had arms, & charged me with being a mob, said he knew I was &c and further this deponent saith not.
X <​his mark​>John Taylor [p. [40]]
-[John Taylor lives in near the line]-
 
Timothy Lewis a witness for the state produced sworn & examined deposeth & saith:
I was at during the last expedition to . I remained in the place during the time the mormon troops were there. I was out on none of their scouting parties, but saw a great deal of property and plunder brought in, which was said to be consecrated property by those who brought it in as well as by others. Those who were active in plundering said they intended to consecrate all the property in & take the to themselves They said there was no law in this , but that a law was about to be established by a higher power, to be given by revelation—
The following of the Defts. were in the expedition to county: , & Joseph W. Younger. resides in , and is a surveyor— I saw him surveying, but did not see him take up arms.
And further this deponent saith not.
X <​his mark​> Timothy Lewis
-[Clark Hallett, one of the Defts., at this stage of the examination asked the Court to assign him Counsel, he not being able to employ counsel. Whereupon the court assigned Messeurs , & Williams as counsel]-
 
Patrick Lynch a witness for the State produced sworn & examined, deposeth & saith: [p. [41]]
I was living in a clerk in store, when the mormons took that place, which was about the middle of October last. When the Mormons had approached to within about 50 & 100 yards of the store-house I left having first locked the door, & deposited the key in my pocket— I ran into the brush between 100 & 200 yards of the store house where I saw them taking the goods from the house, some were packed off on horses; And after that when near half a mile off I saw waggons appearently loaded which I believed to be goods from the store.
I have found a number of articles, taken from the store— in , since the surrender of arms there by the mormons such as tin-ware, painted muslin, a piece of bleached domestic, a piece of brown cloth, a lady’s-cloak, three pair of scales, and part of two sets of weights—
A ledger and three day books, and the notes of hand to the amount of perhaps $300 were taken from the store— the books have not been recovered, but the notes I found in the house of , at in the possession of his wife, except such notes as were on Mormons— these we have not recovered—
In about three hours after the Mormons took , I returned and found the store-house burnt.
The post-office & treasurers office were kept in the store house, and the records were papers &c belonging to each, were either taken off -[by the mormons]- or consumed by the fire.
And further this deponent saith not.
Patrick Lynch [p. [42]]
-[At this point, the Attornies for the state, informd the court that they had closed the testimony on behalf of the state— with the understanding, which was agreed to by the Defnts counsel, that, after the testimony on behalf of the Defnts. is closed, the state shall be at liberty to introduce John Riggs [Rigs], Perry Keyes, John Grigg, and Joseph Free, witnesses on behalf of the state, if they should make their appearance, at or before that time]-
The Court informed the prisoners that it would now proceed to take their examination, without oath, in relation to the offences charged, And the said Defents. declined making any statement:
The court then proceeded to the examination of witnesses for the defendents to wit:
 
Malinda Porter, a witness for the Defendents produced sworn & examined, deposeth & saith
I have been living in the family of for the last two years, as an inmate of the family. On monday night of the arrival of the Mormon troops at , in the last expedition to — I was at ’s house, he was not absent from the house that night, his wife was sick, and a guard was placed around his house that night.
has two feather beds, and one of them was taken away by an old lady who, I was told, was a Mrs Morgan, who claimed it as hers. Of the bed taken away, the bed tick was striped, and pieced at one end; the stripes of the piece was were cross-wise. This bed has been in the family ever since I have lived in it. There were also some knives and forks taken from the house at the same time and by the same person which were the property of . And three [p. [43]]
glass tumblers were also taken from his house which was his property—
During all the time that the mormon troops were in remained in and was not out in any scouting party. And further this deponent saith not.
Malinda Porter—
 
Delia F Pine a witness for the Defents. produced, sworn, & examined deposeth & saith:
I have been living in s family since the 5th of July last, and was at his house when the Mormon troops arrived at in the last expedition to — that night remained at home all night. There was a bed in s house belonging to him which was pieced at the end, and which has since the surrender of the mormons, been claimed, & taken off by a woman said to be a widdow Morgan, also she claimed & took some spoons, knives & forks, which I knew ware the property of ; I at no time, have seen property about his house, which did not belong to him.—
never left during the stay of the Mormon troops there, in the last expedition, which was during the whole time troops were in .— And during the whole time they were in I do not think was out of my sight at any time more than an hour. It was wednesday before the snow fell. I think, that the mormon troops arrived in and they staid in about a week
From the time the mormon troops returned from to (who had been in during the snow storm & among whom I saw Joseph <​& ​>) never was out of , until he went with the troops to the [p. [44]]
the day before the Mormon troops, (as I understood) surrendered to the militia. This last fact I am certain of. s stable is in sight of his dwelling house & he kept his horse there, & his saddle in the house, & during the stay of the troops, as above,— I am sure he did not saddle his horse or ride, for I should have seen him had he done so. And further this deponent saith not.
Delia F. Pine.
 
a witness on behalf of the Defents. produced sworn & examined, deposeth & saith:
I have heard say that he would swear to a lie to accomplish an object— that he had told many a lie, and would do so again.
When went to during the last expedition, he went after the troops had left , and returned after some & before others had returned. I saw after when he returned & he had no clock with him nor I have I seen any clock about the house which was brought from county In the morning of the fight with , I heard my father , say that ’s company had gone down the night before to see about a mob. He was apprised of their going, at the time of their going, but I knew nothing of it until that morning, when a messenger came to my ’s & informed him that there had been a fight. My then started to meet the company, and to see those who were wounded—
And further this saith not.
[p. [45]]
Jonathan W Barlow— a witness for the Defendents, produced sworn & examined, deposeth and saith:—
I was at Joseph Smith’s Jr house the morning after the battle with A messenger, named I think came early in the morning, after Smith from from , saying that was wounded and wished to see Smith— I caught Jos Smith’s & s horses, who started off together, (On cross examination) I did the feeding, watering of horses, cutting of wood &c about the place of Joseph Smith Jr, and on that evening* I was absent from the house on that business, perhaps half an hour, and finished about dark. I was in the house from that time through the night, and was not out that I remember of, at least not longer than to go a few paces for a pail of water. Joseph Smith Jr & were both in the house all the time, and was not absent that night that I know of, and had they been absent before bed time long enough to have gone to the square up in , I should most likely have known it, and I don’t believe they were. They went to bed before I did, and when I went to bed I passed through their room where they were, and this was about nine o’clock or perhaps a little later— I heard no talking nor passing through the house that night; had there been any I should most likely have heard it.
And further this deponent saith not.
Jonathan W. Barlow
<​* -[the evening before s battle.]-​>
 
Thorit Parsons a witness on behalf of the State defendents, produced sworn and examined deposeth & saith:
I was living in county [p. [46]]
at the time of the battle with . on the head of the east fork of Log Creek & about five or six miles from the battle-ground— On the day before the fight, between one & three o’clock in the evening a company of 23, mostly armed men came to my house; they inquired my name, & told me I must go away, that I must leave that place— I asked them where I should go? they answered that was my own look out, and that I must leave there by next day night. They were strangers all to me, but I have seen the man since who had the command of them, and now think that it was , as he looks like the man, having learned his name since— They further stated to me, that if they got the forces from Clinton County, they expected, they would give thunder & lightning before the next day night. All that was said to me was sent immediately to — I think that Lieut. Cook was also of the company & was ordered by the Captain to go in and look for guns— I told him I had none & he said he would take my word for it— And further this deponent saith not—
Thorit Parsons
 
Ezra Chipman a witness for the Defendents, produced, sworn, & examined deposeth & saith:
I was at s house sick during the late expedition to . was not out of on any expedition, nor did he command any company during the stay of the Mormons troops at , nor was he out of the to my recollection during that time, had he been I think I should most [p. [47]]
likely have known it.
I saw a bed taken from 's house after the surrender of arms by the Mormons at , and claimed by the old lady who took it. the same bed I saw at s before the comeing of the mormons to
During the stay of the mormon troops at , in the last expedition to . I am certain that was not out of half an hour at one time, for I think I saw him within every half hour during that time. And further this deponent saith not.
Ezra Chipman.
 
Arza Judd a witness on behalf of the Defendents, produced sworn & examined, deposeth & saith:
I was at the house of Thorit Parsons in , on the day before the battle with , and a company of armed men about 20 or upwards came there; and after asking me something about my faith, they warned ordered me to leave. Mr Parsons asked where should we go, and they answered that was our look out.
I do not know any of this company, they talked something of giving thunder & lightning before <​the​> next day night.
They enquired for guns, and one, who seemed to command the company said “we must make haste & go that is to camp west of to night & we must join him.— And further this deponent saith not.
Arza Judd Junior—
 
At this stage of the examination the Defnts. by their counsel informed the court that they had closed the examination of their witnesses—
The following witness was then produced as rebutting testimony on behalf of the state to wit [p. [48]] to wit:
Asa Cook a witness for the state, produced sworn & examined deposeth & saith:
That on the day before the battle with , I was in the edge of , but heard no man, nor did I myself order Thorit Parsons or any other man, away from his home.
I met with a man in the road in , going towards who said he was a mormon. I told him to tell his leaders when he arrived at that we were no mob, but militia acting under ’s orders— After this man left us, myself & two others who constituted my company turned across the prairie to the timber of on the head waters of Log creek. And at a house in the edge of the timber, I met with a number of 's company, to which I belonged, and I heard Mr Lockhart one of the company enquire, (I think) where Parsons lived, and I understood the answer to be, from the man of the house, that he lived lower down the creek— I never heard say any thing to this man like ordering him off.— had learned that he might probably be attacked that night, and 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 -[referred to]- between John Lockhart & the man of the house, of a rough character in relation to Parsons as I understood it, but did not distictly learn any thing said.
I am Lieut. of the company, and there [p. [49]]
and there were 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.
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.— I think I have n you have now all the testimony— informed me that your aid & himself transcribed. the testimony of . & .— if any is wanting it is ’s— but I think I transcribed that in the book you took down with you.— Below, I give you a list of the testim witnesses, in the order they were examined— if the testimony of any are lacking— I will transcribe it for you.
I remain, respectfully Yours &c O. H. Searcy
 
List of witnesses— for the state— , Wyatt Cravens, ’s order, Nehemiah Odle, , Maurice [Morris] Phelps, , Robert Snodgrass, George Walter, , James C Owens, Nathaniel Carr, Abner Scovel, , , James C. Owens (re-examined) William Splawn, Thos M. Odle, , Allen Rathbun, Jeremiah Myers., Andw I. Job, Freeburn H. Gardner , Elisha Camron, Charles Bleckley, James Cobb, Jesse Kelley, Addison Price, Saml Kimbel, , , , Geo. W. Worthington, Joseph H. McGee, John Lockhart, Porter Yale, Benjamin Slade, Ezra Williams, Addison F. [p. [50]] F Green, John Taylor, Timothy Lewis, and Patrick Lynch— For the Defendents. Malinda Porter, Delia F Pine, , Jonathan W. Barlow, Thorit Parsons, Ezra Chipman, Arza Judd Jr. —Rebutting testimony for the state. Asa Cook—
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In some There are occasionally a few words in the testimony inserted in brackets thus -[ ]-— These are not in the original but are inserted for the better understanding of what the witness testified— [remainder of page blank] [p. [51]]

Footnotes

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