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

to s company. my impression is that was not in that expedition— but he was captain of 12 men in under the Danite order as I understand, <​as he was neither an officer nor private of militia​> and was called known and called under the fictitious name of — and his company was called the regulators— I saw William Whitman in the expedition to , and seemed to be one of the troops engaged with others— Sometime previous to the difficulties in the first time when the militia went out there for the purpose of keeping the peace, I heard Jos Smith Jr, in a publick address, say, that he had a reverence for the Constitution of the and of this , but as for the laws of this he did not intend to regard them nor care any thing about <​them​>, as they were made by lawyers and black legs.— the above things were said sometime in last July or August— On the eve of the last expedition to , I heard Joseph Smith— Jr say that he <​they we (meaning the heads of the church)​> had appealed to the for protection and he had sent him <​us​> back word that he<​we they nor​> must fight <​their​> his <​our​> own battles— that he further said that the law was unequally administered, all against him <​us​> and none for him us— and spoke of the prosecutions set on foot in as an instance— and he then said we must take our own case in our own hands and defend ourselves— that he did not calculate to regard the laws any longer, as they were unequally admin It I think it was in the last of June or first of July last that I heard say that he had just returned from a consil co[u]ncil with the presidency, in which an council was broken of his office of Capt Genl. of the Danite [p. [62]]