Captain Gold sworn:

Where [sic, were] you in Warsaw on the evening and night of the day the Smiths where killed last summer?

I was there.

Did you or did you not see Sharp when he came into town that evening?

I saw him.

How was he traveling?

He was riding A dark bay horse it might have been a surral but I think it was A bay I think the horse belonged to Mr. Deadman of Missorie [sic, Missouri].

Was any person in company with him?

When I first saw him I think James Gregg was in company with him.

Where did Sharp stop when he came into town?

He stopt at his own house.

How far frome [sic, from] Fleming’s Tavern is that?

About 40 yards this side on the oppisit side of the street

He did not go into Flemings and stop there?


He was not traveling in A two horse buggy.

No, for I took his horse myself he stops before the road close to the door I think I took it myself and itched [sic, hitched] it.  I know I stood by the horse when he jumped off.

What time was it in the evening?

I think it was about sun down but I am not scertain if the sun was quit down yet.

Where did Gregg and Sharp seperate and which way did Gregg go?

About 50 yards from Sharps house Gregg turned to the right to go to the stables or to his own house they separated about 100 yards from Flemings.

Did you see any thing more of them between that time and dark?

I saw him from his window after he went into his own house I saw him no more that night.

Where [sic, were] you about Flemings Tavern about dark that evening?

Yes I was there near all the evening.

Do you know if Sharp and Gregg rode up in a two horsed buggy?

They did not.

Don’t you think you would have seen them if they had rode up?

Yes I know I should have seen them if they had arrived before dark but if they had arrived after dark I might not have seen them.

How was your house situated in relation to Flemings tavern?

Imeadietly oppisit, there is nothing between the two houses.

Where [sic, were] you keeping store in the house opisit Fleming’s?

I was.

How was your store doors oppened (sic)?

They opened with two larg[e] doors in frunt of the street and they where [sic, were] kept open all day in warm wether [sic, weather], so that there was nothing to obstruct my seeing.  The doors where [sic, were] opened all the day.

Till what time that night did you remain about Flemings tavern?

I think it was about 11 o’clock when I left the house after that I was called out on gaurd I went from there for I boarded at Flemings.

Did some men arrive there some time in the night for whome (sic) supper was prepared?

Yes the extra supper was prepared and over before I left.

This was some time in the night?

Yes in the after part of the night.

When you speak of the evening you mean from dark till mid night?

Yes I think the time of supper was nine o’clock which continued till 11 o’clock before they had done eating it might have been later but I think not.

You was there when the men comenced (sic) arriving and remained while they were all done eating and supper was all over?


You waited upon the table did you not?

I did.

Did you see any thing of Grover there?

No I did not see Grover that night?

No I did not see Grover that night I do not recollect of seeing him that day.

Where [sic, were] you at that time well aquainted with Grover?


Do you think Grover could have been with the company when they arrived that night without you seeing him?

I think he could not have eaten supper there without my seeing him.


Cross examined by Lamborn.

You think it was before sun down when Sharp arrived?

Yes I think it was.

Had you been in Warsaw all that day?


You say Sharp stopt and you took his horse?

I think I took his horse.

What did you say to him?

Some one hollowed [sic, hollered] out “what’s the news[”] the answer was “Jo and Hiram are no more,[”] this was the first time I heard of their death.

What did you do after you took away his horse?

I went back into the ranks.

Where was the ranks?

Right in frunt of Sharps house.

You was in the ranks there that evening?

I was.

How meny was there in company

I think about 12.

Do you recollect of seeing Gregg any more that evening?

I do not.

Do you know if there was a two horse buggy got up that evening to send an express?

I think not.

How long did you stay in the ranks?

About 10 minits.

Where did you go there?

We went where we had a mind to we was part of the time in the store and part of the time in the street.

Do you know how meny carriages where out that day?

I do not.

Was there meny people in town that day?

There was not meny till evening.

Where was you at dark?

I cannot say exactly I was either in the store or the tavern I think I was in the street between the store and the tavern.

Do you know wether you was in this place all the time?

I don’t know but I know I was in one of these three places.

Did you see that company come in the night?


Where was you then?

I was out on my own stop or at the tavern door or in the street.

Did you not see Grover in some of those companys?

I did not.

Where was you when Key called for supper?

I don’t know.

Where is that man Key?

I have not seen him for A few days.

Dose [sic, does] he live at Warsaw?


You say you was not present when Key called for supper?


How meny were there at supper?

I guess there was 45 prahaps [sic, perhaps] 50 or 60 as near as I could guess.

Did you see any wounded men there?

I saw one in the street but I saw none in the house to the best of my recollections.

Did you see Captain Davis along with the company?

I did not.

Were there others waiting on the table besides you?

Key and myself did the principle part of the waiting.

Was there not some in the bar room part of the time.

I presume there was I don’t recollect being in the bar room.

Could not Davis or Grover have been in the barr (sic) room and you not see him?

I think not.

They might have been in the dining room and you not see them?

They might have been there and I not see them.

What was said among the men while at supper or after?

I don’t recollect.

You was not in the kitchen when the wounded man sat but the fire?

I was in the kitchen but did not see him he might have been there and I not see him.

You don’t pretend to say that Grover did not take him in there?

I do not.

Did you see Miss Grame there?

I did.

She was about in the house was she?

Yes she and two other ladys was in poring [sic, pouring] the coffy [sic, coffee].

Where was you when the men first went into the house?

I don’t know if I went in with them or not.

You was all walking about before supper was ready?

Yes I was not in the house before the supper was ready.

And then you waited on the table?


Did you hear them say anything about having come from Carthage that evening in a hurry?

I knew they had come from Carthage but I did not hear them say anything about it.

Do you know the wounded men you said you saw out of doors?

I think it was Wells.

Where was he wounded

he said he was wounded in the rist I did not see the wound.

Did Wells say anything about who wounded him?

I don’t think he did.

You was there at the usual supper time did you see Davis and Grover then?


Have you any recollection of seeing either of them during the course of the day or night?



Cross examined by Browning.

Did the table at which the coffy [sic, coffee] was poured out stand in the kitchen or dining room?

I think the dining room.

Did you breakfast at Flemings that morning?


Did Grover and Davis breakfast there that morning?

I think not.

Where did Grover lodge generally?

I am not scertain I think he lodged at his office I never knew him lodge at the tavern.

Was there any alarm in Warsaw that night?

There was during the latter part of that night.

What followed the alarm?

There was some consternation

Was there any in the house among the women?

I don’t know.

Cross examined by Lamborn.

Was there any alarm that night?


Cross examined by Browning.

Was there not A an alarme (sic) the next night that the Mormons coming down to Warsaw?

I think not.

Did Grame and Fleming go in A steam boat?

I did not see them go but I knew they were gone in the morning.