Minutes and Testimonies, 12–29 November 1838, Copy and Letter [State of Missouri v. Gates et al. for Treason]
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 with letter ca. late 1838–ca. early 1839; unidentified handwriting; fifty-one pages; Mormons Collection, 1813–1970, Missouri History Museum.
the horse went I must go with he it. He answered I might have his gun (as I had none) but that he would rather go himself. I took his gun & joined the company as above. And further this deponent saith not.
X <his mark> Freeburn H Gardner
a witness for the state produced sworn & examined deposeth & saith:
In the latter part of June last, immediately after the Whitmers & left I fell into company with Joseph Smith Jr & . Jos. Smith Jr. said there were certain men using their influence against the <proceedings of the> presidency, & if they were suffered to go on they would do great injury. And Smith told — the first man he heard speaking against the presidency & against their proceedings, he must tie him up and give him thirty nine lashes, and if that would not do give him 39 more, until he was sorry for what he had done <said>. and said he would do it.
About the latter part of July I heard say. and , and he strongley suspected were using their influence against the presidency of the Church, and furthersaid & were men of <great> influence in the country & their influence must be put down.
I did not go out -[with the troops]- in the late expedition to , but my teem was pressed. Four or five days after the Mormon troops had gone out, I learned that one of my horses was sick & that I had better go out & attend to him. I went out to [p. ]