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.
-[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 , 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]]