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.
a considerable number of Sheep and Cattle, he further Said that it looked to him sometimes that it was not right to take plunder but that it was according to Jos Smith Jr directions 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 and 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
AllenRathburn
Jeremiah Myers a witness produced sworn and examined deposeth and saith
I was in the last expedition to being summoned from an 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 of about 100 men started out and not until we got near to did I learn where they were going I was then told there was a mob at And that we were going to disperse them when within about 1/2 mile of we formed and rushed into in a hurrah I only saw 2 men who were running Others said there were about 15 we gathered up around the store and some went in hallowing 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 in the bishops store, they were Called and Considered Consecrated (goods) or property and that they were to be dealt out by the bishop to those that stood in need, I saw parties coming <in> and going <out> while in Camp but I saw no property Come into our Camp but I saw a pen of cattle which was Called Buffalo the following of the defendants were in the last expedition to , Jos Smith Jr, who resides in , 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 Ebenezer Page [p. [47]]