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.
us & that we should be victorious— After the militia had been near a while, in an address Smith said that those troops were militia, & that we were militia too, and both sides clever fellows, & that he advised them to know nothing of what had happened, to say nothing & to keep dark:— that he Smith had forgotten more than he had ever known— After it was ascertained that the militia had arrived, inteligence was immediatley sent to to — next morning arrived in with about 100 mounted men and armed men The troops were constantly kept prepared, and in a situation to repel attack— The evening the militia arrived near , it was the general understanding in the mormon Camps that they were militia legally called out, previous and indeed previous to their arrival it was acertained that there were militia on their way to .— Some months ago I received orders to destroy the paper concerning the Danite society, which order was issued by the first presidency, and which paper being the constitution for the government of the danite Society, was in my custody, but which I did not destroy— It is now in 's possession— I gave the paper up to after I was taken prisoner— I found it in my house, where I had previously deposited it, and believe it had never been in any person's possession after I first recd— it This paper was taken into s house and read to the prophet & his counsellors, and was unanimously adopted by them— as their rule and guide in future— After it was thus adopted I was instructed by the council to destroy it, as, if it should be discovered, it would be considered treasonable— This constitution, after it was approved of by the first presidency was read, article by article to the Danite band and unanimously adopted by them— This paper was drawn up about the time that the Danite band was formed— Since the drawing up of the paper against the dissenters, it was, that this constitution of the Danite band was drafted— but I have no minutes of the time, as we were directed <not> to keep no written minutes— which constitution above refered to is as follows—: [p. 7]