Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason]

  • Source Note
  • Historical Introduction
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refered to, in I which I was present. one man arose to defend himself, and he was ordered to leave the house, but commenced to speak. then said— “where are my ten men”— thirty or more men rose up, whereupon the man said he would leave the house & did so— At this meeting I agreed to conform to the rules of the church in all things, knowing I had a good deal of property in the , & if I went off I should have to leave it— Several days before the 4th of July, For some time before and after this meeting a <​an armed​> guard was kept in & one of them at my house, during the night— as I supposed to watch my person. In the fore part of July— I, being Justice one of the Justices of the County court, was forbid by Joseph Smith Jr from issued 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 refference 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 not intend to have any writ issued against him in the , & where or then he made them These things together with many others alarmed me for the situation of our — and at our court next circuit court— I mentioned these things to [p. [87]]
refered to, in which I was present. one man arose to defend himself, and he was ordered to leave the house, but commenced to speak. then said— “where are my ten men”— thirty or more men rose up, whereupon the man said he would leave the house & did so— At this meeting I agreed to conform to the rules of the church in all things, knowing I had a good deal of property in the , & if I went off I should have to leave it— For some time before and after this meeting an armed guard was kept in & one of them at my house, during the night— as I supposed to watch my person. In the fore part of July— I, being one of the Justices of the County court, was forbid by Joseph Smith Jr from issued 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 refference 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 others alarmed me for the situation of our — and at our next circuit court— I mentioned these things to [p. [87]]
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