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 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.
<* -[the evening before s battle.]->
Thorit Parsons a witness on behalf of the State defendents, produced sworn and examined deposeth & saith: