Minutes and Testimonies, 12–29 November 1838, Copy [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 ca. late 1838–ca. early 1839; unidentified handwriting; fifty-seven pages; Mormon War Papers, MSA.
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 hous hold plunder and 29 bee gums they enquired for Guns and got down one and took it away from the house belonging to one Josiah 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 run at the defiance of any set of men who could come against them & that they now intended to make it a war of extermination, the following of the defendants were in the above Company vizt. & I think from his appearance Maurice [Morris] Phelps was there but may be mistaken, appeared to be Captain or Commander of the Company as he did the most of the talking, but most all of them had something to say and further this deponent saith not
X <his mark> Thos M Odle
a witness produced sworn and examined on behalf the State deposeth and saith
I was in when the Mormons made An attack on it which took place on <one> thursday in October all the persons that were there left the And the Mormons as I believe them to be to the number of about 150 or 200 all armed took possesion of the and the store And other houses were burnt as I learned that evening and futher this deponent saith not
X <his mark>
Allen Rathburn a witness produced sworn and examined on behalf of the State deposeth And saith,
On the day before the battle with I was in and early in the morning One of the defendants here asked me to help him to grease his Waggon I did so and asked him where he was going he said he was going out to s in county that there were about 40 bee Stands there they were going for. directly after wards I was down at s store in there was a company of 10 or 12 men with 2 or 3 waggons I heard ask for brimstone some of the Company said they <had> 2 pounds answered that would do, one of the defendants here, gave the word of command and they marched off Mr with his Waggon with them late that evening I saw with his Waggon at his grocery door in far west I saw and unloading it the Waggon was loaded with one bee gum and household plunder consisting of beds or bed cloaths Kinder tied up also there were onions in the waggon 's that evening remarked that there would be in that night [p. [46]]