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.
and 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. At that time I discovered one of the men strike the ground with his sword, and immediately I heard a percussion cap burst without the gun’s firing I told the other guard to shoot as that they had bursted a cap at us, I and immediately I raised my gun and 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 shot at any one. The company we hailed in the road was the same, who attacked us— And further this deponent saith not.
X <his mark> John Lockhart
Porter Yale a witness for the state, produced sworn & examined, deposeth & saith:
I was a , at my fathers when the Mormons made an attack upon it, and burnt it. When they surrounded my fathers house they took two guns, one a shot gun and one rifle— In going to the door, I saw one of them taking my mare out of the stable, I went over to see what he was doing, who observed, “that it was a pretty good mare”, and was about putting a bridle upon her— I told him if she went I would go along, (as I was determined to stick to my nag.) He replied that he wanted me to go— I then caught my mare and went with the company to , where they kept— [p. [36]]