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