Minutes and Testimonies, 12–29 November 1838 [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); unidentified handwriting; 126 pages; Eugene Morrow Violette Collection, State Historical Society of Missouri, Columbia.
following named defendants were in the expedition against — Washington Vories was not in the expedition— he stated he had no horse to ride— & that if I would not go— he must have wished to get my horse to ride that he might go— I replied if the horse went I must go with it he replied <answered> I might have his gun (as I had none) but that he would rather go himself. I took his gun, and joined the company as above— ) was in the expedition— as he told me And further this deponent saith not
X <his mark> Freeburn H. Gardner
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. a witness in behalf of the state, produced, sworn and examined, deposeth and saith:
In the latter part of June last, immediately after the Whitmers & left — I fell in company with Joseph Smith Jr & . Jos Smith Jr said. There were certain men using their <influence against the> proceedings, on of the presidency, and if they were suffered to go on they would do great injury & Smith told , the first man he heard speaking against the presidency, & against their proceedings he must tie him up & give him 39 lashes, and if that would not do, give him 39 more until he was sorry for what he said. which <and> said he would do it—
About the latter part of July I heard say.— and [p. [73]]