Minutes and Testimonies, 12–29 November 1838 [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); unidentified handwriting; 126 pages; Eugene Morrow Violette Collection, State Historical Society of Missouri, Columbia.
guard were standing at the same tree, near the road <about a quarter of a mile from the camp>, and about day break. we discovered men approaching us, in the road. when the front of them got within about 15 or 20 steps of us. the other guard raised his gun I told him not to shoot but to hail them.— he hailed them and asked who comes there— they replied a friend— but still moved on— I hailed the second time & bade them to stand— I asked who was there, they answered a friend. I asked them if they had any arms. they replied a few— I told them to lay down their arms and go off & leave them— they told me to come and get them— I again told them to lay them down and leave them.— they made a noise with their guns as tho' they were laying them down— and again told us to come & get them— I could see clear enough to perceive that they had not laid down their guns, as they said they had done— but had them on their shoulders.— I at that time I discovered one of the men. strike the ground with his sword. and immediately I heard a percussion cap burst, with<out> their gun’s fireing— I told the other guard to shoot that they had bursted a cap at us, and immediately I raised my gun & fired— the other did not shoot— We then run to the camp. where in a few moments the mormons arrived, and the action commenced— When we were placed on guard we had express orders to hail before we [p. [105]]