Rush Depositions

1857 Mountain Meadows Massacre
DEPOSITIONS

                                                           (5) DEPOSITIONS ON BEHALF OF MILUM L. RUSH

About This Record

State of Arkansas

                    SS

County of Carroll

Be it remembered that on this 23rd day of October 1860 personally came and appeared before me, John Rush, the undersigned acting Justice of the Peace, duly commissioned and qualified as such within and for said county, Lorenzo D. Rush, who after being duly sworn according to law to testify the truth, the whole truth and nothing but the truth in regard to certain property in possession of Milam L. Rush, when he left his county in April 1857 in company with John T. Baker, bound for California, upon his oath aforesaid dispersed as follows, to wit;

I am the father of the said Milam Rush, and know that he left here in the month of April 1857, bound for California; he left in company with John T. Baker and many others, all of whom were murdered, as I am informed and believe, at Mountain Meadows, in Utah Territory in September of same year, and their property all carried away, or disappeared by the murderers. When my son, the said Milam L. Rush, left here he was the owner of and had in possession, and carried off with him, the following described personal estate and which he started with him, when he left here; He had from ten to twelve head of cattle according to the best of my knowledge information and belief, he had one rifle gun, three blankets, knives, and his wearing apparel, and also about twenty five dollars in cash. I think his cattle were worth at a fair cash price at the morning he left here with them at least fifteen dollars per head. I think his wearing apparel, rifle gun, and other articles were worth in cash the sum of sixty three dollars. The estimate I make of the whole matter is this, I think that he had

Twelve head of cattle at $15 per head
$    180.00

Cash on hand:
$      25.00

His wearing apparel, gun, etc.,
$    63.00

$     268.00

and I make the estimate of the cash value of the property, together with the cash on hand worth the morning the said Milam L. Rush left here in April 1857, the sum of Two hundred and sixty eight dollars. I have no doubt but what said property was worth a much larger amount than the above estimate at the place where the said parties were murdered. I have given the above estimate according to the cash value here, and think that the value is very nearly correct, and further this deponent saith not, so help me God.

                                     Lorenzo D. Rush

Subscribed and sworn to before me this the 23rd day of
October A.D. 1860

                                     John Bunch, J.P.

And at the same time and place came H. A. Torrance, who, after being duly sworn according to law in regard to the matters and things mentioned in the caption hereof mentioned, upon his oath deposed as follows;

I was well acquainted with the said Milam L. Rush, who left here in company with John T. Baker for California in April 1857. I know when he started to California he had with him about Ten head of cattle, and I know nothing about what his other property was worth, particularly. But I suppose his property was worth the amount as herein before estimated by the witness, Lorenzo D. Rush. I was with them when they started, and Baker, Rush, Desharzo, and others were my neighbors and I had a good opportunity to know what property there was belonging to several of them, and I am satisfied the estimate where given is correct and further this deponent saith not, so help me God.

                                     H. A. Torrance

Subscribed and sworn to before me this the
23rd day of October 1860

                                   John Bunch, J.P.

State of Arkansas

                     SS

County of Carroll

I, John Bunch, an acting Justice of the Peace, within and for said county, duly commissioned, and qualified as such, within and for said county, do hereby certify that the foregoing deposition of Lorenzo D. Rush and H.A. Torrance are all separately taken, reduced to writing in their presence, and read over to them respectfully, and by them sworn and subscribed to before me this 23rd of October 1860, and I do hereby certify that I am personally well acquainted with said several witnesses, and that they are all reputable persons, and entitled to full credit. Given under my hand as such Justice the day and year above written.

State of Arkansas

                    SS

County of Carroll

I, Sam W. Peel, as the clerk of circuit court, and exofficio clerk of the county court of the county of Carroll, and state aforesaid, do hereby certify that John Bunch, whose genuine official signature appears to the aforesaid 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 there his said certificate within due form of law and by the proper offices. That his signature thereto attached is genuine and in own proper hand write, 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, here 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. These records were discovered by Paul Buford Fancher during the course of his research for Richard Fancher (1700-1764) of Morris County, New Jersey: Richard Fancher's descendants 1764-1992: Fancher-Fansher-Fanchier-Fanshier, which was published in 1993.

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