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.
<a wit[ness]> [produ]ced [s]worn and examined in behalf of the State, dep[os]eth and saith:
Some time in June last I attended two or three Danite meetings, and it was taught there as a part of the duty of the band, that they should support the presidency in all their designs right or rong; that whatever they said was to be obeyed, and whoever opposed the presidency in what they said, or desired done, should be expeled the , or have their lives taken. The three composing the presidency was at one of those meetings, and to satisfy the people, called on Jos. Smith Jr, who gave them a pledge that if they led them into a difficulty, he would give them his head for a foot-ball,— and that it was the will of God these things should be so.— The teacher, and active agent of the Society was , and his teachings were approved of by the presidency— further taught as a part of their obligation, that if any one betrayed the secret designs of the society, they should be killed and laid aside, and nothing said about it.— I heard 's sermon commonly called the salt sermon, and its purport and design was about as other witnesses have stated them, before me— When process was filed against Joseph Smith Jr and others in my office as clerk of circuit court, for trespass, Jos Smith <Jr> told me not to issue that writ, that he did not intend to submit to it; that it was a vexatious thing and I had a right to judge whether a suit was vextious or not; and that he would see me out in it; (who was not a defendant in that suit) also joined him in this promise <If I would not issue the writ> This was previous to the last term of the Circuit Court. —I considered myself not as a proper judge as to whether it was a vexatious suit or not. Jos. Smith Jr said it was a vexatious thing, and that he would not suffer it to be issued; and I felt myself intimidated and in danger if I issued it. Knowing the regulation of the Danite band,
On the monday prior to the last expedition I heard say that those who had heretofore been backward in taking up arms in defending themselves, ought <to> or should be put upon [p. [36]]