Minutes and Testimonies, 12–29 November 1838, Copy [State of Missouri v. Gates et al. for Treason]
Source Note
Minutes and Testimonies, , Ray Co., MO, 12–29 Nov. 1838, State of MO v. Gates et al. for Treason (Fifth Judicial Circuit of MO 1838). Copied ca. late 1838–ca. early 1839; unidentified handwriting; fifty-seven pages; Mormon War Papers, MSA.
and he was ordered to leave the house, but commenced to speak, then said "Where are my ten men" 30 or more men arose up where upon the man said he would leave the house. At this meeting I agreed to conform to the order of the church in all things knowing I had a good deal of property in the and if I went off I should to leave it. For some time before and after this meeting an armed guard was kept in town and one of them at my house, during the night as I supposed to watch my person In the for part of July— I being one of the Justices of the County Court was forbid by Joseph Smith jr from issuing any process against him I learned from the Clerk of the Circuit Court that declaration had been filed against Smith & others by Johnson and in referance to that Case, Smith told the Clerk that he should not issue a writ against him— I observed to Mr.Smith that there was a legal objection to issuing it that the Cost, meaning the Clerks fee had not been paid— Smith replied he did not care for that— he did not intend to have any writ issued against him in the — These things together with many other alarmed me for the situation of our , and at our next Circuit Court I mentioned these things to the Judge & several members of the bar—
A few days before the 4th day of July last I heard known by the fictitious name of say that was writing a declaration to declare the church independent. I remarked to him— I thought such a thing treasonable to set up a government with in a government— he answered it would not be treasonable if they could maintain it— [p. [51]]