(1) DEPOSITIONS ON BEHALF OF JOHN TWITTY BAKER
About This
Record
State
of Arkansas
SS
County of Carroll
Be it remembered that on this 22nd day of October, 1860
personally came and appeared before me the undersigned, John Bunch, an acting and duly
commissioned Justice of the Peace, and duly qualified as such within and for said county,
Mary Baker, the widow of John T. Baker Deceased, to me, personally, well known to be the
widow of said John T. Baker, deceased, and who after being duly sworn according to law, to
testify the truth, the whole truth, and nothing but the truth, in regard to the matters in
and about the ammount, kind, and quality of property which the said John T. Baker had in
his possession, and owned in his own right when he left the county of Carroll and state of
Arkansas in the month of April A.D. 1857. Deposed
as follows, to wit;
My name is Mary Baker. I was
lawfully married to John T. Baker in the county of Madison and State of Alabama on or
about the ------- of ------ A.D. 1823; we emigrated to Arkansas in the year 1849, where we resided together as man and wife, and
until the said John T. Baker left his home in Carroll County as aforesaid with a lot of
cattle, horses, etc as herein often particularly specified; and I have been informed and
truly believe that after the said John T. Baker had proceeded as far as a place in the
west known as "Mountain Meadows." He, together with a large number of persons in
company with him, were murdered, and their property all stolen and appropriated by the
murderers; and I here state that I have not at any time incurred any pay, or return of any
of the property that the said John T. Baker left here with as aforesaid. The object, my husband, the said John T. Baker had
in going to California was to sell a large lot of cattle with which he started, and when
he left here in April 1851 for California he was the owner of and started with the
following described personal property that is to say:
138 head of fine stock-cattle
5 yoke of work oxen
1 yoke of work oxen, extra
2 mules
1 mare
1 large ox wagon
Provisions, clothing, and camp equipage for himself and five hands. The cattle were all good stock, and all three
years old and upwards, were picked cattle and such as in this market at the date of his
departure from this place were worth at the lowest cash price twenty dollars per head and which would amount to the sum of
$ 2,760.00
The nine yoke of work oxen were worth in this market at the date of departure, fifty dollars per yoke.
$ 450.00
The ox wagon was worth
$ 100.00
The mules were worth each $125
$ 250.00
The mare was worth
$ 100.00
He had in cash the morning he left, the sum of $98.00 in cash. $ 98.00
The clothing, provisions, tents, camp equipage, etc, was worth
here $ 350.00
Fine rifle gun worth
$ 25.00
One Colt repeater $ 15.00
------------
$4,148.00
Amounting in all as far as I now remember to the sum of Four thousand one hundred forty eight in this
market. I have placed this estimate of the cattle and oxen at low figures, as I know that
such oxen as those my husband left here with could not have been purchased at a lower
price than from fifty five to seventy dollars per yoke.
The stock cattle had been bought with the view to make quick sales on arriving at
California, and were a well selected lot of cattle. My
husband was a good trader and would not, and did not puchase any inferior cattle for the
outfit. I believe that the foregoing
statement of amounts, numbers and descriptions of personal property, is a true and correct
inventory of the property that the said John T. Baker left this county with in the month
of April 1857 and I am fully persuaded and really believe that the said property was worth
at "Mountain Meadows," where my husband, as I am informed and believe, was
murdered, the sum of about ten thousand dollars. I
can only make this statement from information received from others, and heresay of course,
that I only form my opinion from "heresay."
But be this estimate over, or under the amount that the property was worth at
Mountain Meadows, I have stated in the above facts truly, and faithfully upon my own
knowledge, and upon such information as I deem reliable, and I make this statement upon a
full knowledge of the facts stated in the annexed schedule as being within my own
knowledge, so help me God.
Her
Mary "X" Baker
Mark
Sworn and subscribed to before me this day and year first
herein written, and I do hereby certify that the above statement of the said Mary Baker
was made by her, reduced to writing in my presence, read over to her and by her sworn to
and subscribed in writing whereof I have hereunto set my hand as such Justice, the day and
year of foresaid.
John Bunch J P
-
And at the same time and place came also John H. Baker
to me personally well known, and who after being duly sworn, according to Law, to Testify
and the truth to speak in requard to the matters in the captions hereof mentioned, deposed
as follows that is to say;
-
-
My name is John H. Baker, I am a son of the witness Mary Baker (whose
Deposition is hereto annexed) and John T. Baker, deceased.
I have had hearing of the deposition hereto annexed of my mother, Mary Baker and I
have of my own knowledge and recollection, full belief that her statements and
calculations therein made and given are correct. I
was living one half mile from my father when he started to California in April 1857, and
know that he had the number of cattle and other personal property in said schedule set
forth by the said witness, Mary Baker. I was
well acquainted with the price of stock at that time, was also well acquainted with the
kind, quality and worth of the property as mentioned in the tabular statement made in the
deposition of the said Mary Baker, and I know that the personal property, therein
mentioned was the property of my father, and that he started to California with all and
more personal property than mentioned herein. He
had more guns, saddles, bridles etc. than is mentioned in said stated estimate, etc. Know that such oxen as John T. Baker took with him
could not have been purchased in this market and got fixed and ready for the trip under a
cost of from Sixty to Seventy dollars. I know
also that the mare and mules are put down at a fair estimate, and as to the amount of
provisions and camp equipage, my opinion is that it is below the real value, but of this I
can not say with so much certainty. I have
been in California. I was there in the latter
part of the year 1852, stayed there until the month of September 1854, and from my
knowledge of the country, and the price of property I think the property that the said
John T. Baker left here with in April 1857, would have been worth at Mountain Meadows, the
full sum of Ten Thousand dollars. This
statement however is only made from such general knowledge as I have from the western
hands, and also from the information of other traders.
I cannot now state what amount of money my father started with, but I know
he had money with him, but as to the amount I do not know.
The stock cattle were a well selected lot of cattle, and were sold in this market
at twenty dollars per head. I have a good
knowledge of the quality of cattle, for I helped my father collect the cattle and also
went a few days travel with him when he started to California, and have of my own personal
knowledge gave the statements as regards the value of this property here. So help me God.
J. H. Baker
Sworn
to and subscribed to before me this
22nd day of October 1860.
John Bunch J P
And at the same time and place, came also John Crabtree
a witness known to me to be of lawful age and who, after being duly sworn to testify the
truth, the whole truth, and nothing but the truth, in regard to the matters in the caption
hereby mentioned, upon his oath deposed as follows, to wit;
I was well acquainted with John T. Baker in his life time, and was living
about a half or three quarters of a mile from him when he left, in April 1857, for
California. Mr. Baker was a very industrious
man, and a shrewd, good trader.
I saw the cattle and property that the said John T. Baker owned and started
with to California. I cannot give the exact
number of cattle he started with, but he had somewhere between one hundred and thirty and
forty head of cattle. He had two mules, one
mare, one large ox wagon, provisions, camp equipage, and a general outfit for a trip from
here to California. As to the amount of money
he started with, I do not know. I believe the
cattle he had and started with were worth in cash in this market the sum of Twenty dollars
per head. I think the oxen he started with
would have been worth fifty five or sixty dollars per yoke.
I think the mules were worth at the time he left here one hundred and fifty dollars
each. The mare was well worth in this market
one hundred dollars. The ox wagon was worth
one hundred and twenty five dollars. And from
my knowledge of the outfit, and the amount of provisions needed for the support of the
said John T. and his five hired hands, I would say that the estimate made by the witness
Mary Baker at Three Hundred and fifty dollars is a very low estimate, and I think it would
more nearly have reached the sum of Five hundred dollars.
I was at the house of the said John T. Baker, frequently, while he was
collecting the cattle, and I was present in April 1857 when the said Baker started for
California, and I had a good opportunity to notice the quality and condition of the stock
and outfit, and I have made the above estimate of the prices and value of the stock of
cattle, oxen, mules, wagon, mare, and etc.
On my own judgement, and from my knowledge of the value of property at that
time and I think and believe that the estimate as made by the witness Mary Baker, is below
the real value of the amount of property that the said Baker owned, had in his possession,
and took away with him when he started to California in the spring of the year 1857; I was
present when he started, and aided and assisted him on his way a few miles when he
started. The John T. Baker of whom I speak
was the same Baker of who Mary says, was murdered in the west at a place known as
"Mountain Meadows". I also know
that the witness of the said John T. Baker is the identical Mary Baker, the witness who
has first deposed herein; she now lives at the same place where she did, where the said
John T. Baker started in April 1857, for California, and I have been acquainted with the
family and have lived a close neighbor for over 4 years next, before Baker left, and have
lived a close neighbor to his widow ever since, so help me God.
John Crabtree
Subscribed and swornto-before me this
22nd day of October 1860.
John Bunch J P
Depositions herein was again resumed, and thereupon
came Hugh A. Torrance, a witness known to me to be of lawful age, who after being duly
sworn in accordance to law, to testify the truth, the whole truth, and nothing but the
truth, in regard to the matters in the caption hereof mentioned upon his oath deposed as
follows, to wit;
"My name is Hugh A. Torrance, I reside in this county. In April 1857, I was living on the farm of the
said John T. Baker. I was then in the
employment of the said John T. Baker, and while he was gathering cattle for his intended
trip to California, I halped take care of the cattle and to feed them. They were a good stock of cattle, well selected
and likely. I know that the cattle he left
here with, when he started to California in April 1857, were worth Twenty dollars per
head, and perhaps had cost more to buy them and gather them up and feed them while he
started with them. The oxen were worth from
fifty five to sixty dollars per yoke. The
mare was worth one Hundred dollars; The mules about one hundred and twenty five dollars
each, the ox wagon was well worth one hundred and twenty five dollars, and from my
knowledge of the outfit, provisions, clothing and camp equipage, I am satisfied that the
same was well worth from three hundred and fifty dollars to five hundred dollars. He had one hundred and thirty five, or forty head
of stock cattle worth twenty dollars per head, and I think he had nine yoke of work oxen
worth per yoke from fifty five to sixty per yoke. I
have been shown and had hearings of the tabular statement made by the witness Mary Baker,
whom I know to be the widow of the said John T. Baker, and from my close and intimate
knowledge of the property therein mentioned, I am satisfied that the estimate therein made
is below what the property was worth in cash the morning that the said John T. Baker left
for California and further this deponent saith not.
H.A. Torrance
Subscribed and sworn to before me this the
13th day of October, A.D, 1860
John Bunch J P
State of Arkansas
SS
County of Carroll
I, John Bunch, an acting, commissioned, Justice of the Peace,
duly qualified as such within and for said county, do hereby certify and make known, that
the annexed and foregoing depositions of Mary Baker, John Baker, and John Crabtree, and
Hugh A. Torrance were sincerely taken before me on the days therein named.
That the statements, dispenses, and evidences of said several
witnesses was reduced to writing in the presence of said several witnesses, and
respectively read over to them in their presence, and hearing, and by them, severally
sworn and subscribed to by them, I further certify and make known, that I am personally
well acquainted with each witness, and know them to be reputable persons, and to be the
identical persons who they represent themselves to be.
In witness whereof, I have hereunto set my hand officially as such, Justice of the
Peace, this 23rd day of October 1860.
John Bunch J.P.
State of Arkansas
SS
County of Carroll
I, Sam W. Peel, as the clerk of circuit court, and ex officio
clerk of this county court of Carroll County and State aforesaid do hereby certify that
John Bunch, whose genuine official signature appears to the answered and foregoing
certificate, was at the time of taking said depositions and the making of said certificate
and now is an acting Justice of the Peace duly commissioned and qualified as such within
and for said county, and that his said certificate is in due form of law and by the proper
office. That his signature thereto annexed is
genuine and in his own proper hand unto, and that full faith and credit are due all his
official acts as such Justice of the Peace.
In witness whereof I, Sam W. Peel, as the clerk of said court
as aforesaid hereunto set my hand and seal.(The public seal of said court having been
destroyed by fire) This 25th day of October A.D. 1860
S. W. Peel, Clerk.
Source: Territorial
Papers of the United States Senate 1789 - 1873, Roll 15, Utah, December
31, 1849 - June 11, 1870
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