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.
on the war in which he said it was necessary to have something to live on, and when they went out to war it was necessary to take spoils to live on. This was in reference to the dissenters as well as to the people of where they going in this speach he told the ancedote of the Dutchmans potatoes. Finding I should have to go and not wishing to be put in front of the battle I sought a situation and went out with my waggon. This was the Expedition in which and Millport were bur[n]t. I went on to a few days after the Mormon troops had gone out. I went to the tavern late at Night where I found J. Smith Jr. & others. I informed J. Smith that the troops had returned home some 40 or 50 in number, but told him that was in and his troops just behind.
There was a conversation among them as to what they would and they came to the conclusion to send down to at his house for him to send an express to that his troops were not needed. Some time before day I awoke and found <& > in the house— he said he had sent the Express to informing him that his Militia was not needed— asked J. Smith twice if he had come to the point now to resist the law. that he wanted that matter now distinctly understood— he said he had succeeded in smoothing the matter over with when he was out, and that he defied the U. S. to take him, but that he had submitted to be taken, because he Smith had done so— This was in reference to the examination for the offence for which he and Smith had been brought before in . Smith replied the time had come when he should resist all law— [p. [53]]