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

  • Source Note
  • Historical Introduction
Page [61]
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militia under ’s command Mr Smith asked me their number, and when I told him he replied— Keep up good courage & we can whip that number if they make an attack upon us— Some other person came up at the time and enquired <​of me​>, their number, & Mr Smith answered that Mr Phelps said, who was a judge of numbers having seen troops before & that there was about 250, as he would suppose— Mr then whispered to me, not to tell the men their the number of militia that it <​would​> frighten them or dampen their courage. And futher this saith not
-[At this stage of the examination of the following named defendents viz: . , Ebeny Brown, , and , were brought to the bar of the Court, and put upon their trial for the offences aledged against the other Defendents— and time being allowed them to employ counsel, they reti they retired and returned again appearing by themselves & Messrs. & their co[u]nsels— and the examination of was then continued.]-
deposeth, & further saith
That was in the last expedition to , & was captain of the company of 50, which I spoke of above as being called the fur-company. the he went under the fictitious name of — when the men were paraded, they were called out as all belonging to [p. [61]]
militia under ’s command Mr Smith asked me their number, and when I told him he replied— Keep up good courage & we can whip that number if they make an attack upon us— Some other person came up at the time and enquired of me, their number, & Mr Smith answered that Mr Phelps said, who was a judge of numbers having seen troops before that there was about 250, as he would suppose— Mr then whispered to me, not to tell the men the number of militia that it would frighten them or dampen their courage.
-[At this stage of the examination of the following named defendents viz: . , Ebeny Brown, , and , were brought to the bar of the Court, and put upon their trial for the offences aledged against the other Defendents— and time being allowed them to employ counsel, they retired and returned again appearing by themselves & Messrs. & their counsels— the examination of was then continued.]-
deposeth, & further saith
That was in the last expedition to , & was captain of the company of 50, which I spoke of above as being called the fur-company. he went under the fictitious name of — when the men were paraded, they were called out as all belonging to [p. [61]]
Page [61]