According to Jacob Forney the children who survived the massacre are "competent witnesses" for a trial.

Jun 27, 1859
Jacob Forney

Jacob Forney, Letter to Alfred B. Greenwood, June 27, 1859 in Messages of the President, Numbers 10 and 42, 36th Congress, manuscript, 64. Located at Papers Pertaining to the Territory of Utah, 1849-1870, Records of the U.S. senate, RG 46, NARA

Jacob Forney
Alfred B. Greenwood, Jacob Forney
Alfred B. Greenwood

Sir, I received this morning the enclosed communication from U.S. Attorney General of this Territory. My friend, the Attorney General is quite sick, but will so soon as he recovers, institute proceedings against certain white men in the Southern part of the Territory, who, it is believed, and indeed, I know, are the guilty parties in the perpetration of the unparalleled massacre. By diligent inquiry during the last eight months, and while on my late visit south, and since, I have gathered many important facts in relation to the terrible massacre in September, 1857: more perhaps than any one else. I will, in a very few days (by next mail,) furnish you with a full statement of all the material facts concerning the massacre in question. I hope to get the children started to-morrow, when I will expect a short breathing time again. The two boys, which are retained, and in my possession, are I judge, about eight or nine years old, and both remarkably intellectual and, in my opinion, competent witnesses. I am unable to say when the court will be held in the Southern portion of the Territory.

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