Motion, 1 July 1839 [State of Missouri v. Pratt et al. for Murder]
, Morris Phelps, and , Motion, Columbia, Boone Co., MO, 1 July 1839, State of MO v. Pratt et al. for Murder (Boone Co., MO, Circuit Court 1840); unidentified handwriting; signatures of , Morris Phelps, and ; certified by , 1 July 1839; two pages; photocopy in Daviess County Legal Documents, BYU.
The said defendants move the Court to the above cause, and state they are not ready for <cannot safely go into the> trial <of these Causes at this term of the court> on account of the absence of witnesses whose testimony is material for their defence— that they have taken out subpoenas for , Israel R. Henly [Hendley] & which have been returned <as they are informed and believe> executed— that the testimony of these witnesses is material and the facts which they will depose to known these defendants do not know <or believe> that they can prove by any other individual— that the said , Henly and are not in attendance upon the court— that they are absent neither by the percurement [procurement], consent or connivance of these defendants— that these defendants have good reason to believe & do believe they can percure the testimony of the above witnesses by the next term of this court— that this application is not made for the purpose of vexation or delay but that they for the causes above set forth. that these witnesses live the said Hendly and in about one hundred and twenty miles from this Court, and the said in about one hundred and fifty [p. ]