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

  • Source Note
  • Historical Introduction
Page [73]
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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]]
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 wished to get my horse to ride that he might go— I replied if the horse went I must go with it he 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
[3 lines blank]
. 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 the influence against the proceedings, 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. and said he would do it—
About the latter part of July I heard say.— and [p. [73]]
Page [73]