Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason]

  • Source Note
  • Historical Introduction
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Morris Phelps <​Capt ​> a witness produced, sworn and examined for the state, deposeth & saith:
That on the evening of the 24th Oct, <​last​> while ranging under the order of above inserted. I met with several mormons & read to them it to them, supposing they would inform the mormons of <​the character of my company​>. the <​We​> had been informed on that evening by citizens of that we would be <​were in danger of being​> attacked by the mormons that night, whereupon I fell back to an encampment on in , on the next morning near day break my picket guard gave information that they were coming and in a few moments I saw the mormon forces approaching forming <​forming​> and a few guns were fired out of the brush by the mormons, when the fight commenced. the left wing of the mormon forces being within about 30 steps of my right— I and in number were about 150. or 200. as I supposed and further this saith not.
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Maurice [Morris] Phelps a witness produced, sworn and examined for the state deposeth & saith,
That , <​was in the battle with ​> was one of the expedition, but was not in the battle, thinks was in the battle, thinks was in the battle. thinks Benj Jones was in the battle, thinks Norman Shearer was also & wounded [p. [27]]
Capt a witness produced, sworn and examined for the state, deposeth & saith:
That on the evening of the 24th Oct, last while ranging under the order of above inserted. I met with several mormons & read it to them, supposing they would inform the mormons of the character of my company. We had been informed on that evening by citizens of that we were in danger of being attacked by the mormons that night, whereupon I fell back to an encampment on in , on the next morning near day break my picket guard gave information that they were coming and in a few moments I saw the mormon forces forming and a few guns were fired out of the brush by the mormons, when the fight commenced. the left wing of the mormon forces being within about 30 steps of my right— and in number were about 150. or 200. as I supposed and further this saith not.
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Maurice Morris Phelps a witness produced, sworn and examined for the state deposeth & saith,
That , was in the battle with was one of the expedition, but was not in the battle, was in the battle, thinks was in the battle. thinks Benj Jones was in the battle, Norman Shearer was also & wounded [p. [27]]
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